The applicant was aggrieved by the order of framing charges u/s. 306 IPC. The FIR was registered against the applicant u/s. 306 IPC for having abetted the suicide of the victim. The sister of victim has registered the FIR claiming that, the applicant was in relation with the victim and since he ditched her and married another girl, the victim committed suicide.
Applicant alleged that from the material on record through investigation, it can be seen that, ingredients of the offence under section 306 of the I.P.C. were not made out and therefore, the applicant deserved to be discharged. Court held that there was no substance in the contentions raised by the applicant and directed him to answer charge under section 306 of the I.P.C.
Aggrieved by the same, the applicant filed the present application.
The advocate appearing for applicant submitted that, applicant was having an affair and he was in relation with the victim, but due to fact that, she was divorcee and from another caste, it was difficult to marry her. Applicant has stopped contacting victim about four months before the date of incident. Applicant meets the victim day before the incident however this could not be a reason for framing a charge u/s. 306 of Indian Penal Code.
In the present case, it emerges that when the question of marriage between the two arose, applicant faced difficulties due to the fact that the victim was a divorcee and belongs to a different caste. The applicant chose not to keep contact with the victim. The statements of the witnesses clearly indicate that for about four months prior to the incident, the applicant did not contact the victim. The statements also indicate that one day prior to the incident, the victim herself had visited the residence of the applicant and upon ascertaining that he had got married to another girl, there was some exchange of words, after which the victim left the place.
The question is whether such conduct on the part of the applicant could be said to be, even prima facie, with the intention to instigate, goad, provoke, incite or encourage the victim to commit suicide. Even if the alleged incident a day prior to the incident is to be accepted, it does not show a positive act on the part of the applicant with mens rea and intention to drive the victim to suicide. It is the victim who visited the house of the applicant and upon confirming that he had married another girl, perhaps felt disturbed and depressed.
In the present case, the court is of the opinion that, ingredients of offence of section 306 IPC is not made out. Hence the revision is allowed.
Yuvraj Shinde vs. State, Cr.R.A.no. 337/2021,