The central legal point established in the judgment is that the actions of the accused did not constitute abetment of suicide as per the provisions of the Indian Penal Code.

ORDER :

Mr. Paritosh Trivedi, learned counsel for the applicant. Ms. Surabhi Nigam, learned Deputy Government Advocate for the respondent/State. Heard. This petition under section 397 read with section 401 of the Code of Criminal Procedure has been filed to assail the order dated 25-4-2016 passed by learned second Additional Sessions Judge, Mandla in ST No. 63/2016 whereby charge has been framed under section 306 of the Indian Penal Code against the petitioner.

2. Brief facts, just necessary for disposal of the revision are that, Manorama Kacchawaha died due to burn injuries. Before her death, she left two suicide notes, one addressed to the police and other addressed to her family members. According to the prosecution case, she had obtained certain loan from the petitioner accused. She received two notices from the petitioner/accused. Since then, she was in tension. The accused petitioner created pressure on her for demand of his money and because of the pressure, Manorama committed suicide. Crime has been registered by police station Mandla for offence under section 306 of the Indian Penal Code. After investigation, charge-sheet has been filed and the same has been committed to the Court of Session. Second Additional Sessions Judge, Mandla framed charge under section 306 in ST No. 63/2016.

3. Learned counsel for the petitioner argued that loan was advanced to the deceased and the deceased executed a cheque in lieu of the loan. As the deceased did not pay the amount, notices were given and a complaint case has been filed before the Judicial Magistrate First Class, Mandla. It is further submitted that the deceased was also threatened by the petitioner accused to implicate her in a false case. Therefore, the petitioner accused had given a written complaint to the Superintendent of Police, Mandla on 15-5-2015. He further claimed that in the dying declaration also she has accepted that the petitioner accused is demanding his loan amount, no specific allegation of any harassment is mentioned.

4. Per contra, learned Deputy Government Advocate for the State opposed the petition by referring incriminating statement made by the witnesses and submitted that the impugned order framing charge is well merited and does not warrant any interference.

5. Perused the record. The first dying declaration of the deceased was addressed to the police which reads as follows :

The second dying declaration written by the deceased addressed to her family members is as under :

6. The petitioner accused has filed a criminal complaint case No. 1275/2015 against the deceased Manorama Kachchawaha on 12-5-2015 before the JMFC, Mandla. Certified copy of the same has been filed. In the aforesaid case, the deceased was granted bail on 8-10-2015. The trial in the criminal case is pending. A letter to the Superintendent of Police dated 15-5-2015 written by the accused petitioner also shows that he intimated the Superintendent of Police that the deceased obtained the loan from him but the same was not repaid. On demand being made, the deceased Manorama threatened the petitioner accused for implicating him in a false case of outraging her modesty. Certified copy of the charge-sheet of criminal case is annexed to substantiate the statement made by learned counsel for the petitioner.

7. The question in the present case is whether considering and accepting the entire material available on record as absolutely correct, a prima facie case for framing charge under section 306 of the Indian Penal Code is made out? At this juncture, it would be appropriate to understand the provision of section 306, Indian Penal Code which is as follows :

“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 actually constitute “abetment” as defined under section 107 of the In