- (1.)THIS revision is directed against the order dated 20. 8. 1998 passed by learned Addl. Sessions Judge, Lakhnadone in Sessions Trial No. 82/98. By the impugned order, the learned Addl. Sessions Judge has framed charges under Section 306, I. P. C. against the applicants.
(2.)THE forts of this case are that applicant No. 1 Bholaram is the father of applicant No. 2 Mahendra Kumar. Smt. Abha, daughter of applicant No. 1 and the younger sister of applicant No. 2, was married to Rajesh Kumar Sen on 20th April, 1996 at Chhapara. It is alleged by the prosecution that on the night following marriage, Smt. Abha who had married Rajesh Kumar Sen, refused to have sexual intercourse with him. The ground of refusal as stated by Abha, was that she was unable to perform sexual intercourse on account of the fact that she had been operated upon due to some chronic disease and she had been advised by her doctors that in case she perform sexual intercourse, she would die. It is further alleged that thereafter the girl went back to her parental home and Rajesh Kumar Sen also went to bring her back to her matrimonial home. When he told the applicants about the fact that Abha is unable to perform sexual intercourse, then it was stated by the applicants that now the marriage has already been performed, he is required to keep his wife as such, and in case he refused to do so, they will get him involved in a criminal case relating to dowry. It is alleged that Rajesh Kumar Sen lost his mental balance on account of the attitude of the parents and the members of family of the girl, and therefore, he committed suicide on 15. 6. 1996. He left the following suicide : note : "xxx xxx xxx xxx xxx xxx"
(3.)THEREAFTER the investigation was done and after recording the statements of the witnesses a challan under Section 306, I. P. C. was filed. It is apparent that Rajesh Kumar Sen was aggrieved by the fact that he was unable to continue the marriage, and he was mentally disturbed. The role of the applicants was that they insisted that marriage has been completed and be continued as such, and for this purpose they had given some threat to Rajesh Kumar Sen. The question is whether on these allegations, can it be said that an offence under Section 306, I. P. C. is made out. It is necessary for proving an offence under Section 306, I. P. C. that the accused persons should abet the commission of suicide. Under Section 107, I. P. C, it is necessary that a person should instigate another person to commit suicide in the context of Section 306, I. P. C. or enter into a conspiracy so that another person may commit suicide or there must be an intentional aid for commission of suicide. Nothing of the elements are found from which it can be inferred that intention of the applicants was that Rajesh Kumar Sen should commit suicide. All they wanted that whatever be the defect of Abha, deceased Rajesh should treat her as his wife. In this process, if they had given a threat to Rajesh Sen, it cannot be inferred that they instigated him to commit suicide.