Abetment under S.306 IPC requires clear evidence of instigation, which was not present in this case.

1 Leave granted.

2 Heard Mr. R.P. Gupta, learned Senior counsel on behalf of the appellant and Mr. B.S. Banthia, learned counsel on behalf of the respondent.

3 The appellant felt aggrieved by an order dated 2nd July, 2001 passed by the Additional Sessions Judge, Sihora, in sessions trial No. 469 of 1998 whereby the appellant has been charge sheeted for an offence under S.306 of the Indian Penal Code , filed a petition under S.482 of the Code of Criminal Procedure for quashing the charge before the High Court without any result, hence the appeal.

4 Basic facts may be noted:
Appellant is the brother of Neelam Sengar, wife of the deceased Chander Bhushan @ Babloo. It is stated that the marriage between the sister of the appellant and the deceased took place in 1993. It is also stated that immediately after marriage she was subjected to continuous ill treatment by the deceased and the family members forcing her to live separately along with her husband and children for about a year. Thereafter, she went to her parents' house and started living with her brother -the appellant herein. About two months prior to the incident, the appellant advised the deceased to take his sister back to her matrimonial house and treat her properly. On 25th July, 1998 (crucial date), it is stated that the appellant visited the place of the parents of the deceased and pleaded with them that his sister should be rehabilitated in the matrimonial home and should not be physically ill treated or harassed. It is also alleged that on that day the appellant also said to have threatened the parents of the deceased that if they do not mend their behaviour towards his sister, he would be compelled to resort to filing a complaint under S.498 A of the Indian Penal Code , to which the parents of the deceased expressed helplessness as the deceased Chander Bhushan had been living separately from them. It is further stated that on this story being narrated to the deceased by the mother of the deceased asking him to bring back his wife to avoid any police case against them, the deceased went to the house of the parents of the appellant followed by a quarrel between them. Thereafter, the deceased returned along and told his brothers and other acquaintances that the appellant had threatened and abused him by using filthy words.

5 On the next date i.e. 27th July, 1998, the deceased was found handing with a rope by neck on the raft of his house and he was found dead. The deceased also left a suicide note on a stray piece of wrapping paper. The autopsy on the body of the deceased was held on 27th July, 1998 itself and it was revealed that the death was due to asphyxia as a result of hanging, within 24 hours. The investigating officer recorded statement of the witnesses under S.161 Cr.P.C. and after completion of the investigation, submitted the charge sheet and a charge was framed on 2nd July, 2001 against the appellant for an offence under S.306 I.P.C.

6 S.107 I.P.C. defines abetment to mean that a person abets the doing of a thing if he firstly, 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 place 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.

7 Before we advert further, at this stage we may notice a few decisions of this Court, relevant for the purpose of disposal of this case.

8 In Swamy Prahaladdas v. State of M.P. and Anr., 1995 Supp. (3) SCC 438, the appellant was charged for an offence under S.306 I.P.C. on the ground that the appellant during the quarrel is said to have remarked the deceased 'to go and die'. This Court was of the view that mere words uttered by the accused to the deceased 'to go and die' were not even prima facie enough to instigate the deceased to commit suicide.

9 In Mahendra Singh v. State of M.P.