IMPORTANT POINT
Mens rea and active instigation are essential for establishing abetment of suicide under section 306 IPC.

ORDER :

1. Heard finally with consent. The petitioner has preferred this criminal revision under section 397, 401 of Code of Criminal Procedure (in short Cr.P.C.) being aggrieved by the impugned order dated 28-10-2023 passed by Additional Sessions Judge Javad District Neemuch in ST No. 19/2023 whereby charges under section 306 and 420 of Indian Panel Code (in short IPC) have been framed against the petitioner/accused.

2. As per prosecution story, on 25-4-2023 deceased Dhanraj committed suicide by consuming poisonous substance. Complainant Chandulal lodged an FIR at police station Javad by stating that deceased has given Rs. 27 Lakhs to petitioner/accused Premchand for purchasing agricultural land, but he managed to executed the registered sale deed only in the name of Premchandra and did not return the amount of Rs. 27 Lakhs along with interest. The petitioner mentally and physically harassed the deceased for non payment of amount and committed cheating with him, due to which deceased had committed suicide. Soon before his death, deceased informed Ramesh about cheating committed by petitioner with him by mentioning that he is committing suicide due to said conduct of petitioner. Accordingly offence has been registered against the petitioner.

3. Learned counsel for petitioner contended that mere demand of borrowed amount cannot be considered as abetment of suicide. The impugned order passed by the trial Court is contrary to law and facts and the material available on record and in the suicide note no incriminating material has been found against the present petitioner except the omnibus allegation. Nothing on record to show that prior to incident petitioner has instigated or provoked the deceased to commit suicide. Hence he prays that the impugned order be set aside and petitioner be discharged from all charges.

4. Per contra counsel for state opposes the prayer by submitting that on the basis of prima facie evidence on record the trial Court has rightly framed charges against the petitioner.

5. Counsel for respondent No. 2 also opposes the prayer by submitting that petitioner has cheated the deceased and deceased has committed suicide due to harassment and cheating committed by petitioner. Hence the Court below has rightly framed charges against the petitioner.

6. Heard learned counsel for parties and perused the impugned order and documents filed by the parties.

7. Now the question for consideration arises as to whether the impugned order passed by learned trial Court for framing of charges against the petitioner under sections 306 and 420 of Indian Penal Code is improper, illegal or incorrect.

8. So far as framing of charge under section 420 of Indian Penal Code is concerned, on the basis of FIR and statement of witnesses, there is sufficient evidence available on record to frame charge against the petitioner under section 420 of Indian Penal Code therefore, no question arises at this stage for quashment of charge under section 420 of Indian Penal Code.

9. So far as offence under section 306 of Indian Penal Code is concerned, prior to committing suicide of deceased, he informed his relatives that petitioner has taken Rs. 27 lakhs from him for purchasing of land but neither the land was purchased in his name nor amount was returned to him. But there is nothing on record that prior to incident petitioner has instigated or abetted deceased for committing suicide.

10. For making out an offence under section 306 of Indian Penal Code, one essential and requisite ingredient is ‘abetment’ by the accused to deceased to commit suicide. Section 306 of the Indian Penal Code reads as under:

“306. Abetment to commit suicide - if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

As per definition given in section 107 of the Indian Penal Code abetment is constituted by:

(i) Instigation a person to