To establish abetment under Section 306 IPC, clear evidence of instigation or culpable conduct by the accused is necessary.

ORDER

This criminal revision under Section 397 r/w Section 401 of the Cr.P.C. and Section 438 r/w Section 442 of the BNSS, 2023 is preferred being aggrieved by the order dated 10.08.2024 in ST No.34/2023 by Second Additional Sessions Judge, Manasa, Neemuch whereby the charge under Section 306 of the IPC has been framed against the revision petitioner for abetment to commit the suicide by Arjun Singh on 08.06.2023.

2. The facts of the case in brief are that the deceased Arjun Singh was working as Chowkidar in the office of Block Resource Centre (B.R.C.), Manasa, District: Neemuch with an attachment from the Government Higher Secondary School, Antri, District Neemuch and the revision petitioner was posted as Accountant at District Education Office, Neemuch. Arrears of dues was pending and could not be paid to the deceased and Arjun Singh committed suicide by hanging himself from the branch of Amla (Gooseberry) tree situated at the courtyard of Janpad Shiksha Kendra, Manasa. Marg No.34/2023 was registered. A suicide note was found in the shirt‟s pocket of deceased. After enquiry, Crime No.238/2023 was registered at P.S. Manasa against the revision petitioner on 12.06.2023 for the offence under Section 306 of the IPC. After investigation a final report was submitted under Section 173(2) of the Cr.P.C. against the revision petitioner.

3. Challenging the framing of charges, this revision petition has been filed on the ground that from the bare perusal of the transcript of mobile communication between the deceased and the petitioner it is evident that the revision petitioner refused to accept any favor from the deceased. He is neither the sanctioning authority nor the decision making authority nor the recommending authority for making the arrears of the payment of the deceased. Prior to the death, no complaint was ever made against the revision petitioner.

4. Learned counsel for the revision petitioner submits that the revision petitioner cannot be blamed for delay in payment of arrears of the deceased from the Department Level at Bhopal. As a matter of fact, despite repeated written requests made by the DEO and the Collector, till date the arrears have not been paid. The District Education Officer, District Neemuch had already forwarded the matter of the deceased to the Commissioner Public Education Directorate for approval and intimation thereof was given to the deceased vide letter dated 26.08.2022. Even if it is assumed that the deceased unhappy with the delay in payment of his arrears, the revision petitioner was not responsible for such delays and the grievance against the petitioner is unjustified. Even if the entire prosecution story is taken as it is, the offence of abetment to commit suicide is not made out.

Heard.

5. Counsel for the respondent/State has opposed the criminal appeal by submitting that the impugned order does not require any interference.

6. Perused the final report submitted under section 173 (2) of the Cr.P.C., 1973 (presently section 193 of B.N.S.S., 2023) and the documents collected during the investigation appended with list from serial number 1 to 47 comprising 230 pages alongwith referred material that includes the documents referred at Sr. 10 a letter written by deceased to his son and Sr. No.11 is a suicide note and Sr. No.24, Sr. No.25, Sr. No.27 and 28 the letters written by deceased. The complaints made by the deceased regarding non-payment of the arrears and the statements recorded during the enquiry and the 15 witnesses during the investigation as mentioned at Sr. 45 and 46 and call details records mentioned at Sr. No.44.

7. The suicide note in the form of dying declaration was recovered from the pocket of the deceased is