The main legal point established in the judgment is the requirement of a clear mens rea and an active act or direct act leading to suicide for the offence of abetment of suicide under Section 306 of IPC.

GURPAL SINGH AHLUWALIA, J.

1. The revision under Section 397/401 of Cr.P.C. has been filed against the order dated 4.5.2017 passed by Second Additional Sessions Judge, Dabra, District Gwalior in ST No. 19/2017 by which charge under Section 306 of IPC has been framed against the applicant. The necessary facts for the disposal of the present revision in short that the dead body of Hakim Singh was found on the railway track on 6/9/2016, as he had committed suicide by jumping in front of the running train. During inquest enquiry, the statements of the witnesses were recorded and it was found that the deceased was in habit of gambling and the applicant used to lend money to the deceased at a very higher rate of interest as a result of which some property of the deceased was also grabbed by the applicant. In spite of repeated requests by the father of the deceased not to lend money to the deceased, the applicant continued to give money on loan to the deceased for the purpose of gambling and since the deceased was continuously loosing money in the gambling and, therefore, the applicant was forcing him to repay the amount at a higher rate of interest of 10-20% and because of nonpayment of amount he used to harass the deceased. It was also alleged that on 5/09/2016, the applicant had beaten the deceased in front of his wife and family members and when wife of the deceased tried to intervene in the matter, she too was beaten by the applicant. The deceased, therefore, felt ashamed and was frightened and thus, he committed suicide by jumping in front of the running train on 06/09/2016.

2. After registering FIR, the police recorded the statements of the witnesses under Section 161 of CrPC. After completing the investigation, the police filed the charge sheet for offence under Section 306 of IPC.

3. The Trial Court by order dated 04/05/2017 framed the charge under Section 306 of IPC.

4. Challenging the order framing charge, the counsel for the applicant submitted that even if the entire allegations are accepted, then it would be clear that no offence under Section 306 of IPC is made out because the applicant cannot be said to have abetted the deceased to commit suicide. If the applicant has given any money to the deceased and if he had demanded his own money, then it cannot be said that the act of demanding his own money amounts to abetment of suicide. No suicide note was left by the deceased before committing suicide. Under the facts and circumstances of the case, even it is not known that whether the death of deceased Hakim Singh was suicidal or accidental. It is further submitted that in fact, the property dispute was going on between the deceased and his family members and the deceased had made a complaint to SDM who was in seisin of the matter and since the deceased was being harassed by his family members, therefore, he might have committed suicide on that count also. It is submitted by the counsel for the applicant that a written complaint was made by the deceased to the SDM, Dabra, District Dabra on 07/06/2016 on the allegation that he had entered into an agreement to sell the property in favour of Virendra Singh on 03/09/2015 for consideration amount of Rs. 1,35,000/- out of which he has already received an amount of Rs. 1,12,000/- and the same has already been spent by him for his livelihood and under different heads. The family members of the deceased are not giving his share in the property and are harassing him physically as well as mentally, they can get him killed at any time and he was confined in the house by his own brother, father, mother and wife and he was beaten but considering the family pride, he has not lodged the FIR. Thus, it was prayed in the complaint, that he may be granted a share in the property so that he can hand over the vacant possession of property to Virendra Singh. It is submitted that an enquiry is still pending and, therefore, at this stage, it would be very premature to say that the deceased comm