1. This revision petition preferred under section 397/401 of Code of Criminal Procedure, 1973 (for short 'the Code') calls in question the legality, propriety and correctness of order dated 8.11.2016 passed by 10th Additional Sessions Judge, Indore in Sessions Trial No. 558/2016, whereby the charge for offence under section 306 read with section 107 of the IPC has been framed against the petitioner.

2. The petitioner has been charge sheeted in connection with death of one Anjali, wife of Prakash, who consumed poisonous substance on 14th November, 2015 and died as a result thereof on 16th November, 2015. The prosecution case is that Anjali (deceased), who was acquainted with the petitioner, persuaded her sister to lend Rs.15,000/- to him. However, the petitioner neither returned the principal amount, nor the interest accrued thereon. Allegedly, when Anjali (deceased) threatened the petitioner, that in case, he fails to repay the money and interest, she will die, then the petitioner responded saying that he is not going to return the money even if she dies.

3. As per prosecution, dying declaration of the deceased was recorded by Executive Magistrate on 15.11.2015, in which the deceased has stated about the aforesaid factual position and has further stated that out of anger, she consumed poisonous substance to end her life.

4. It is submitted by the learned counsel for the petitioner that even if all the allegations made against the petitioner are accepted at its face value, still an offence under section 306 read with section 107 of IPC for abetment to commit suicide is not made out, prima-facie against the petitioner, because there is nothing to indicate that at any point of time, the petitioner has encouraged, instigated, incited, provoked or goaded the deceased to commit suicide. It is also submitted that as necessary ingredients to constitute offence under section 306 of IPC are totally missing, therefore, the impugned order, cannot be sustained.

5. Per Contra, it is submitted by the learned Public Prosecutor that the deceased was being constantly threatened by the petitioner and that he even went to the extent saying that he is not going to refund the money or the interest even if she dies, therefore, necessary ingredients to constitute offence under section 306 read with section 107 of IPC are made out, therefore this petition is liable to the dismissed.

6. Heard the learned counsel for the parties and perused the record.

7. As regards offence under section 306 of IPC, we can usefully refer to the decision rendered by this Court in M.Cr.C No.1742/2016 (Bittu @ Girriraj v. State of M.P., Order dated 8.3.2017, Bench Indore), wherein the legal position has been considered in the light of various pronouncements of Hon’ble the apex Court; relevant paras whereof run as under :

9. 'Abetment to commit suicide' is an offence under section 306 of IPC punishable with imprisonment for a term which may extend to 10 years and fine. Expression ‘Abetment’ has been defined in section 107 of IPC which runs as under :

"107. Abetment of a thing.-- A person abets the doing of a thing, who- First.- Instigates any person to do that thing; or Secondly. - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.-- Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.-A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Explanation 2.- Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of tha