Abetment of suicide under S.306 IPC requires active instigation; mere harassment does not suffice unless it creates a situation compelling the victim to commit suicide.

1. Heard finally.

2. This Criminal Revision under S.397, S.401 of Cr.P.C. has been filed against the order dated 24-5-2017, passed by Special Judge [ Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ], Gwalior in Special Sessions Trial No.58/2017, by which the charges under S.306 of I.P.C. read with S.3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, S.354(D) of IPC, S.506 Part II of I.P.C. read with S.3(2)(v - a) of , S.509 of I.P.C. read with S.3(2)(v - a) of and under S.201 of I.P.C. have been framed.

3. The necessary facts for the disposal of the present revision in short are that the complainant Rinku Saaiya lodged a report on 22-12-2016, alleging that he was in the house on 21-12-2016. He received a mobile call from his sister Puja who instructed him to go downstairs as some people are harassing the deceased Babita and are also knocking at the doors. The complainant went there and found that the deceased Babita was crying and the applicant and other co - accused persons were using filthy and abusive language and were threatening that they would ruin the life of the deceased and as the deceased belongs to "Koli" caste, therefore, they would not be able to do anything against the applicant and also threatened that they would kill the entire family. Thereafter, all the four persons went away on the motor cycle. The complainant tried to pacify the deceased by saying that they would narrate the entire incident to the father in the evening. Thereafter, the complainant went upstairs as some work was going on. After sometime, when he went downstairs to see the deceased, he found that she had locked the door from inside, therefore, he went to the house of his uncle and called him. When they saw inside the room from a window, they found that the ceiling - fan was band. They broke open the door of the room and found that the deceased had committed suicide by hanging herself. The complainant called his sister and father and took the deceased to JA Hospital, Gwalior. His sister informed him that the applicant was constantly teasing her. He also used to chase her and was harassing her mentally.

4. On this report, the police registered the offence under S.294, S.306, S.354(A), S.354(D), S.506, S.509, S.34 of I.P.C. and under S.3(2)(v) and S.3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter it would be referred to as "the Act, 1989"].

The Trial Court by order dated 24-5-2017, framed charges under S.306 of I.P.C. read with S.3(2)(v) of the Act of 1989, S.354(D) of I.P.C., S.506 Part II I.P.C. read with S.3(2)(v - a) of the Act, 1989, S.509 of I.P.C. read with S.3(2)(v - a) of the Act, 1989 and under S.201 of I.P.C.

5. It is submitted by the counsel for the applicant, that even if the entire allegations are accepted, it would be clear that there is nothing on record, which may suggest that the applicant, in any manner, had abetted the deceased to commit suicide.

6. Per contra, it is submitted by the counsel for the State that from the statement of Puja, it is clear that the applicant was constantly teasing and harassing her and had created such a situation, where the deceased was left with no other option, but to put an end to her life.

7. Heard the learned Counsel for the parties.

8. The moot question is that even if the entire allegations are accepted as they are, then whether can it be said that the applicant has committed an offence of abetment of suicide.

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