1. This revision has been preferred by the petitioners impugning the order dated 9.2.2005 passed by the Additional Sessions Judge, Ganjbasoda, District Vidisha, in Sessions Trial No. 208/04, by which the learned Judge has ordered to frame the charge against the petitioners for the offence punishable under section 306 of IPC.

2. Admittedly, the deceased Revishankar S/o Bharat Singh Kurrni committed suicide by consuming poisonous substance on 29.6.2004. His dying declaration was recorded. The relevant part of the statement is as under:

ej.klUu dFku

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ejht ds c;ku iz’uksÙkjh ds :i es fuEukuqlkj fy;s x;s % &

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D;k gqvk Fkk % lYQkl dh xksyh [kkyh

fdruh xksyh [kk;h % nks

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D;ksa [kk;h % xwtj yM+kbZ dj jgs gS ijs’kku dj jgs gSa ey[kku xwtj

[;kyh xwtj] xqM~Mk xwtj] eqdqV xksy [ksMh iBkj ds pkj

ikap ekjus fQj jgs gS buds gkFk ls ugha ejuk blfy, xksyh+

[kkyh ejus ds fy;sA

D;ksa ekjus fQj jgs Fks % [ksr ij yM+kbZ gS uiok;k gS [;kyh bl ij jaft’k j[k jgk

---------------------------------------- gSA

igys Hkh dksbZ >xM+k % ugha oSls Fks eSaus fjiksVZ Hkh dh Fkh osn Hkh gq;s Fks ij os ugha

eku jgs FksA

i<+dj lquk;k

¼gR;k½

uk- rg- ,oa dk;Z- n.Mk-] fofn’kk

3. On Perusal of the statements of Bharat Singh and Arvind Patel who are the father and brother of the deceased, it appears that one letter was found in the pocket of the deceased which was addressed to the In-charge Police Station, Teonda. Despite direction and awaiting for a period of more than one year, that letter could not be produced by the State nor it has been informed as to whether the letter is available with the police or not. It can be taken as an example, as how the concerning state authorities are responsible towards the highest Court of the State. It is for the State also to consider.

4. On perusal of the statements of the aforementioned two witnesses, it also appears that there was a dispute between the family members of the deceased at one side and with the family of the petitioner on the other side. One case was pending in the Court also. After consuming the poisonous substance, the deceased informed these two witnesses, that being afraid of the petitioners and on account of their terror he has opted to die by committing suicide. Thus, it appears that as per the dying declaration and the statements of these two witnesses, that the deceased committed suicide on the ground that he was afraid of the act of the petitioners and he preferred to commit suicide, than being killed by their hands.

5. On the aforementioned facts whether the offence charged is made out or not, is to be considered. The definition of section 306 of IPC is 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."

If the suicide is committed on the abetment of a culprit then his act will be punishable under this provision. Thus, the abetment is the material ingredient for this offence. Abetment has been defined under section 107 of IPC, which goes 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 wilful misrepresentation, or by wilful 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.

Example: A