1. The applicant has filed this revision against the order dated 22.5.2007 passed by the Sessions Judge, Sidhi, in Sessions Trial No. 186/2006, framing charge against him for the offence under section 306 of the Indian Penal Code.

2. Learned counsel for the applicant submits that, prima facie, on the facts and circumstances of the case, no offence under section 306 of the Indian Penal Code is made out. From the facts of the case, it is not revealed that the applicant in any manner abetted the deceased to commit suicide Since necessary ingredients of abetment are not present in the case, learned, trial Court has committed error in framing charge against the applicant under section 306 of the Indian Penal Code.

3. In short, the prosecution's case is that, between 22.6.2006 and 23.6.2006, Lolar @ Siphailal committed suicide by hanging on Babool tree. A "Merg" report was lodged on 23.6.2006 at 9:00 a.m. by Bholanath (father of deceased). According to him, his son Siphailal had gone from the house at about 4:00 p.m. on 22.6.2006 saying that he was going to Village Ghadsada. He did not come back in the night. In the morning, at about 5:00 a.m. when he was going to answer call of nature, on the west side of his house, he saw his son hanging on Babool tree by means of nylon rope. He did not know as to why his son committed suicide. During inquest proceedings, a letter allegedly written by the deceased Siphailal was seized from his clothes. In the aforesaid letter, it was mentioned that on 10.6.2006 he (deceased) had gone to Village Ghadsada, where his bicycle was stolen. He did not lodge the report with the police because Sarpanch of the village was inquiring the matter. He came to know that his bicycle wasstolen by Devdhari Harijan, therefore, he went to the house of Devdhari. But, bicycle was not found there. On 15.6.2006 his enemy Sita Prtap Vaishya (applicant) in connivance with Devdhari got lodged a false report against him. Sita Pratap entertained grudge because he had also got lodged a report against him under section 354 of the Indian Penal Code. Sita Pratap was intimidating him that he will involve him in some case under the Atrocities Act. He was insulting him everywhere, therefore, he was going to close his eyes.

4. Police registered Crime No. 105/2006 against the applicant under section 306 of the Indian Penal Code. During investigation, police recorded the statements of Mohanlal Vaishya, Jawahar Lal, Suresh, Richki (wife of deceased), Rajesh and Bholanath. All the aforesaid witnesses stated that the applicant was intimidating the deceased that he will involve him in some case under the Atrocities Act. The deceased had told them that, Sita Pratap had gone to lodge the report with Devdhari and on 19.6.2006 two constables of Police Pipra has also called him to Police Station. All the witnesses stated that the applicant had threatened the deceased that he will not sit in rest until the deceased would be sent to jail. Feeling frustrated and annoyed, deceased had committed suicide by hanging on Babool tree with the help of nylon rope.

5. On post-mortem examination, cause of death of the deceased was found to be "asphyxia caused by hanging".

6. Learned counsel for the State submits that, sole reason for commission of suicide by the deceased was the conduct of the applicant. He got frustrated and compelled to commit suicide due to act of the applicant. As such, learned trial Court committed no error in framing the charge under section 306 of the Indian Penal Code.

7. After having heard the learned counsel for the parties, I am of the opinion that this revision deserves to be allowed.

8. Prosecution has filed challan against the applicant for the offence punishable under section 306, Indian Penal code, which reads as under:

"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."