Abetment of suicide under IPC requires clear mens rea and active instigation, which was not proven in this case.

1. This criminal revision has been preferred under S.397 read with S.401 of Cr.P.C. against the order dated 05.10.2021 passed by the Additional Sessions Judge (F.T.C.), District Rajnandgaon (C.G.) in Sessions Trial No.46/2021, whereby charge for the offence punishable under S.306 of IPC has been framed against the applicant herein.

2. The case of the prosecution, in short, is that on 15.11.2018 at about 04:00 PM, the deceased namely Lata Bai Nishad, committed suicide by hanging herself in a room. During the course of investigation, it has been stated by mother of the deceased that the present applicant used to harass her, therefore, the deceased committed suicide. On such complaint, the police registered the F.I.R. against the present applicant for offence punishable under S.306 of IPC .

3. Further case of the prosecution, is that the present applicant is uncle - in - law of the deceased. Marriage between the deceased and nephew of the applicant namely Sevak Nishad was solemnized in the month of March, 2018 and on the date of incident, deceased worked at food - stall of her father - in - law and thereafter, she returned back to home, where she committed suicide. The allegation made by Smt. Jaina Bai, mother of the deceased, against the present applicant is that the applicant used to taunt her by saying that the deceased was inauspicious to the family and after her marriage, the applicant's sister - in - law namely Smt. Kirti Bai has died. After filing of the charge sheet against the applicant herein, the learned trial Court, on the basis of material available on record, framed charge for the offence as stated above against the present applicant.

4. Learned counsel for the applicant would submit that the present applicant was not residing along with the family of the deceased. He is uncle - in - law of the deceased and he was residing at Ward No. 50, Mohad Road Singdai, Basantpur, District Rajnandgaon, whereas the deceased and her family were residing in the same locality, but in a different house. He would further submit that for framing of charge for offence punishable under S.306 of IPC , the allegation must fulfill the ingredients of S.107 of . He would also submit that if the prosecution story is accepted in its entirety, the offence of 'abetment of suicide' as punishable under S.306 of is not made out as there was no abetment. He would further submit that the statement of Jaina Bai (mother of deceased), Chuneshwari Nishad (sister of deceased), Govinda Yadav (independent witness), Dilharan Nishad (father of deceased) and Navin Nishad (younger brother of deceased) have been recorded, but they have not made any allegation with regard to abetment.

5. Learned counsel for the State would submit that there is sufficient material for recording conviction against the present applicant. He would further submit that ingredients of S.107 of IPC are available; therefore, the learned trial Court has rightly framed charge for the offence punishable under S.306 of .

6. I have heard learned counsel for the parties and perused the documents annexed by the applicant along with the criminal revision with utmost circumspection.

7. Perusal of the records reflects that the nephew of the present applicant namely Sevak Nishad was married to the deceased in the month of March, 2018 and the deceased used to work in the food - stall of her father - in - law. On the date of incident, she came back home from food - stall and thereafter, committed suicide.