1. Applicant has filed this revision against the order dated 20.12.2005, passed by II Additional Sessions Judge, Sagar, in Sessions Trial No. 316/05, framing the charge against him under section 306 of Indian Penal Code.

2. Learned counsel for the applicant submits that there is absolutely no material on record for making out charge under section 306 of Indian Penal Code.

3. In brief, the prosecution story is that in the night between 19th and 20th February, 2005, at about 1:30 O'clock, applicant entered the house of Pushpa (deceased) with a view to outrage her modesty. Hearing noise, Hemant and other persons reached there, whereupon, applicant ran away from the room. Hemant assaulted applicant by means of Lathi. Next morning i.e. about 8:00 a.m. on 20.2.2005 Pushpa committed suicide by hanging in her room. A murg report was lodged by Ambika Prasad, the grandfather of Pushpa. On postmortem examination of the dead body, it was opined that Pushpa had died by hanging.

4. During investigation, statements of Balram, Shri Bai (mother of deceased), Ram Swaroop (father of deceased), Hemant (brother of deceased), Brajesh Kumar (Uncle) and Ambika Prasad were recorded. In the statements of Hemant, Brajesh Kumar and Balram, it was disclosed that applicant entered the room of the deceased in the night and on being detected escaped from there. Hemant inflicted two Lathi blows to him. In the next day morning Pushpa committed suicide by hanging, feeling ashamed and defamed by the conduct of applicant.

5. After investigation, police filed the charge-sheet.

6. Learned Additional Sessions Judge, by the impugned order, finding prima facie case of abetment of suicide by the applicant, framed the charge under section 306 of Indian Penal Code against him.

7. Learned counsel for the applicant submits that from the material and the evidence on record, prima facie, no ingredients of the offence under section 306 of Indian Penal Code are made out. He submits that there is no evidence or allegation that applicant in any manner abetted or incited the deceased to commit suicide, as such, framing of the charge against him for the offence under section 306 of Indian Penal Code is illegal and deserves to be set aside.

8. Learned counsel for the State, on the other hand, submits that there is evidence on record to establish that the applicant had entered the house of deceased in the night. Feeling greatly humiliated and insulted, deceased committed suicide. According to her, the conduct of the applicant compelled the deceased to commit suicide, therefore, the trial Court did not commit any error in framing the charge under section 306 of Indian Penal Code.

9. On perusal of the evidence of all the prosecution witnesses, it is apparent that there is no direct evidence to indicate that applicant had in any manner incited, provoked or compelled the deceased to commit suicide. Though, from the allegations made in the statements of witnesses, it appears that she committed suicide because of shame and frustration that applicant entered her room in the night, but, this by itself is not sufficient to hold prima facie that the applicant in any manner intended that the deceased should commit suicide.

10. For framing charge under section 306, Indian Penal Code, it is necessary that there should be material to indicate that accused has abetted the deceased to commit suicide. Section 306 of Indian Penal Code reads as under :

"Section 306 :-- 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."

Abetment has been defined in sections 107 and 109 of Indian Penal Code which reads as under :

"Section 107.-- 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 omissi