Sabina, J. - (1.) Petitioners were charged for an offence under Section 306 read with Section 34 of the Indian Penal Code ('IPC' for short) in FIR No. 645 dated 19.11.2008 registered at Police Station City Jind . Vide impugned judgment dated 2.5.2009, charge was directed to be framed against the petitioners under Sections 306/34 IPC by the Additional Sessions Judge,Jind. Aggrieved by the same, petitioners have filed the present revision petition.
(2.) The case of the prosecution, as per FIR,as reproduced in para 2 of the grounds of revision, reads as under:- ""STATEMENT OF RAMESH SON OF SHRI BABU LAL SHARMA RESIDENT OF RAMBIR COLONY, AGED 45 YEARS.
(3.) It is submitted that I am residing on the above address. I am an agriculturist. I had two sons. Name of the elder is Narender and name of the younger son was Anoop Singh, who was working in Sahara Company. Near to our house is the house of Puran Rajput and his maternal grand daughter Kanchan lives with him. There was friendship of my son Anoop with Kanchan and the family of Kanchan was annoyed on this. Yesterday i.e. on 18.11.2008, Puran the maternal grandfather of Kanchan, told Kanchan for marrying her at some other place, on account of which Kanchan was not happy and feeling annoyed had gone to her relations. On this, Puran, the maternal grand father of Kanchan and her Mausi and other family members made allegations against Anoop Singh. Today again, maternal uncle Shyam Singh and maternal grandfather Puran Singh and Mausi Santosh, all the three rebuked Anoop Singh in the panchyat that we will not marry Kanchan with you because Anoop Singh does not belong to our 'Biradari' (Community) and Shyam rebuked Anoop Singh that we will teach a lesson for having love affairs with the girl of our family. My son Anoop Singh, today at about 2.00 PM at my house took sulphas (poisonous) tablets under this pressure and when Anoop Singh started vomiting, I asked as to why he is vomiting. My son Anoop Singh told me that Shyam Singh maternal uncle of Kanchan, maternal grandfather Puran Singh and Mausi Santosh hae compelled me to commit suicide and for that reason I have taken poisonous tablets. Then, I along with Ravinder son of Criminal Revision No. 1299 of 2009 3 Mauji Ram, Caste Jat, resident of Julani, took my son Anoop Singh to Dalamwala Hospital for treatment on motorcycle. When Anoop Singh was admitted by the doctor for treatment and on making a search, no slip (parchi) was found. My son Anoop died in the hospital. My son committed suicide under pressure. Statement has been heard, which is correct. Action be taken against above mentioned persons. Sd/-.Ramesh Sharma..." After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Section 306 IPC reads as under:- "306.Abetment of suicide-If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine" Section 107 IPC reads as under:- "107Abetment 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 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.";