O R D E R

(Passed on 29th July, 2021)

This Criminal Revision under Sections 397/401 of CrPC has been directed against the orders dated 13.01.2021 passed by Additional Sessions Judge, District Gwalior in Sessions Trial No. 50/2020, whereby the application under Section 227 of CrPC filed on behalf of the petitioners for discharge from the offence punishable under Section 306, 498A of IPC was rejected and charges have been framed under the aforesaid sections.

(2) The prosecution story in nutshell is that on 12.2.2020 the complainant lodged FIR against the petitioners for offences under Sections 306, 498A of IPC, at Crime No.353/2019 at Police Station Thatipur, District Gwalior. The deceased committed suicide by pouring kerosene. Thereafter merg was registered and dying declaration of the deceased was recorded and statements of family members of the deceased were also recorded. On the basis of aforesaid FIR was lodged. Thereafter, after completion of investigation charge sheet was filed. One application was filed before the trial Court under Section 227 of CrPC, whereby prayer for discharge from the offence was made. The aforesaid application was dismissed by the trial Court on 13.01.2021 by the impugned order and charges were framed against the petitioners.

(3) Learned counsel for the petitioners has submitted that the offence under Section 306 IPC is not made out against the present petitioners as in MLC no injury was found on the body of the deceased. The prosecution evidence itself establishes the fact that the deceased committed suicide on account of dispute arose relating to preparation of food. The petitioners have been falsely roped in commission of offence of demand of dowry and cruelty with the deceased. The petitioners had not abeted or instigated to the deceased in any way. In the dying declaration, deceased had specifically stated that she committed suicide due to cruel behaviour of previous inlaws of the deceased, despite as a result of afterthought the family members of the deceased have made false allegation against the petitioners. Hence, prayed to allow the revision and set aside the impugned order dated 13.1.2021, whereby charges have been framed against the petitioners under Section 306, 498A of IPC.

(4) On the other hand, learned Public Prosecutor for the respondent-State as well as learned counsel for the respondent No.2 have submitted that no illegality or perversity appears to have been committed by the court below in framing the charge against the petitioners. Hence, the revision is liable to be dismissed.

(5) Considered the contentions raised by both the sides and also perused the impugned order and documents available on record.

(6) The Hon'ble Apex Court in the case of Gangula Mohan Reddy vs. State of Andhra Pradesh [(2010) 1 SCC 750] has explained the concept of abetment and existence of live & proximate link as a pre-requisite to make out a charge under Section 306 of IPC has been elaborately explained, relevant paragraphs of which, for ready reference and convenience, are reproduced as under :-

"10. “Abetment” has been defined under section 107 of IPC. We deem it appropriate to reproduce section 107, which reads 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 places 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 2- which has been inserted along with section 107 reads as under:

"Explanation 2 - Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act."

11. The learned counsel for the appellant has place