The court clarified that abetment of suicide requires either direct instigation or creating an unbearable situation, with insufficient evidence for charges under the SC/ST Act.

ORDER :

With the consent of learned counsel for the parties, the revision is heard finally.

2. By the instant revision filed under Section 397/401 of the Code of Criminal Procedure, the applicants are assailing the order dated 17.09.2021 passed by the Court of Special Judge (SC/ST Act), Chhatarpur, in Special Case No.217/2020 whereby the trial Court has framed charges under Section 306/34 of the Indian Penal Code and also under Section 3(2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against them.

3. As per facts of the case, Jalam Adivasi, who was a shepherd went towards jungle on 02.01.2020 early morning for grazing his cattle when did not turn back to his house, then his father namely Mannu Adiwasi had informed the police about the said fact and thereafter, the police registering a missing person case had made a search and found that by hanging, Jalam Adivasi committed suicide. Thereafter, vide merg intimation No.0002/2020, a case under Section 174 of the CrPC got registered and matter was enquired about and during the course of enquiry, it was gathered by the police that the applicants had not only abused the deceased but also assaulted him because their cattle (buffaloes) were found missing and suspect was on the deceased. During enquiry, the police also came to know about the fact that the applicants had created pressure upon the deceased for brining their cattle back, failing which, matter would be reported to the police and he would be sent to jail. However, the deceased had informed this fact to his friends and also to his parents and when he could not handle such pressure, then by hanging committed suicide.

(3.1) The police had recorded the statement of family members of the deceased in which they informed the police that the applicants were creating pressure upon the deceased for bringing their cattle back. The family members of the deceased had also informed that the deceased during his lifetime had informed them that he was being pressurized by Manbihari Mishra and Halkai Mishra. The police after investigating the matter had submitted the charge-sheet and thereafter on 17.09.2021, the trial Court framed the charges under Section 306/34 of the IPC and also under Section 3(2)(V) of the SC/ST Act against the applicants.

4. Learned counsel for the applicants has submitted that no sufficient material was there before the trial Court to constitute the offence against the applicants under Section 306 of the IPC and also under Section 3(2)(V) of the SC/ST Act. He has submitted that even the prosecution has failed to collect any material indicating that the present applicants at any point of time had given any threat to the deceased. He has also submitted that ingredients of Section 107 of the IPC were completely missing and as such, in absence of any such material, offence under Section 306 of the IPC is not made out against the applicants. In support of his contention, he has relied upon an order dated 07.05.2024 passed by this Court in Cr.R. No.329 of 2022 [Anju Raidas and others Vs. State of Madhya Pradesh and another].

5. On the other hand, learned Government Advocate has opposed the submissions advanced by learned counsel for the applicants and submitted that from the facts and circumstances of the case, it can be gathered that the deceased was being threatened continuously that an offence would be registered against him and he would be sent to jail. He has further submitted that from the statement of family members of the deceased, it is also clear that the deceased was being harassed by the applicants unnecessarily and, therefore, left with no other option, he committed suicide. According to him, under such circumstances, the offence has rightly been registered against the applicants. He has submitted that the revision deserves to be dismissed.

6. Considering the arguments advanced by learned counsel for the parties, on perusal of record and also from the statement recorded by the Inves