1. The petitioner/accused has preferred this revision under section 397 read with section 401 of the CrPC, to assail the order dated 10.11.2017, passed by the Sessions Judge, Hoshangabad, in S.T. No. 142/2017, wherein charge has been framed against the petitioner for offence under section 306 of IPC.

2. Bereft of the unnecessary details, the facts requisite for disposal of this revision are that the marriage of Bindu (since deceased) was fixed with the petitioner- Brajesh. Brajesh and Bindu were exchanging conversation by their cell phones. After some time, the petitioner said to Bindu that he does not like her for she is not fair in complexion. Some good proposals have been received by him. He also raised objection that Bindu was speaking to others. He suspected her to be unchaste, because of which Bindu became depressed. Once when she was speaking to the petitioner, she expressed that instead of leading such a life, she would prefer to die. In reply, the petitioner said that if she really wants to die, she may die. His burden will reduce. Because of that Bindu, later, committed suicide by hanging herself.

3. On behalf of the petitioner, it is claimed that the petitioner is innocent. The petitioner has never abetted the commission of offence under section 306 of the IPC. As the marriage was not performed, the presumption under section 113-A of the Evidence Act is not attracted. Even if the statement of the witnesses taken in its entirety, no offence under section 306 of IPC is made out, as there is no abetment to commit suicide.

4. Counsel for the petitioner placed reliance on Ved Prakash v. State of Madhya Pradesh [1995 CrLJ 93], to buttress the case.

5. Learned Goverment Advocate for the respondent/State, vehemently opposed the contentions and submitted that because of the humiliation of not marrying her and by repeatedly insisting her to die, the deceased committed suicide. Hence, the order impugned framing charge under section 306 of the IPC, does not call for any interference.

6. Perused the police diary.

7. The post-mortem report dated 23.5.2017 reveals that Bindu died due to asphyxia as a result of ante mortem hanging. As per the statement of the parents including Manmohan Yadav, Bindu was found hanging in her room at about 2.30 p.m. She was immediately rushed to the hospital but she was declared dead. Two months earlier to the incident, her engagement was done with the petitioner. “Phaldan” of Bindu was to be performed on 22.3.2017. After speaking to each other, their relation became estranged. She was then repeatedly harassed by the petitionerBrajesh, stating that she is not fit for the petitioner due to her complexion. He wanted to leave her. Several offers of marriage coming to him. She was also being suspected, by the petitioner, of loose character because of which she remained silent and uncommunicative. It is because of the petitioner's harassment, she committed suicide.

8. In this context, it would be appropriate to understand the provisions of section 306 of IPC which read as under :-

“306. Abetment of 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.”

“It is also necessary to understand what actual constitute “abetment” under section 107 of IPC, which reads 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, volun