MAHESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed against the orders dated 19 -7 -99 and 24 -7 -99 passed by IVth Additional Sessions Judge, Sagar. The facts and the points oflaw involved in this revision as well as Criminal Revision Nos. 1205/99 and 1237/99 are of the same nature and therefore this order shall also govern the disposal of aforesaid two criminal revisions.

(2.) THE undisputed case of the prosecution is that on 15 -11 -95 the deceased Sushil Chand committed the murder of his wife Smt. Neelma Jain by means of knife because he suspected her to be of bad character and thereafter, he committed suicide by hanging himself. The deceased had left one suicide note -cum -letler dated 9 -11 -95 addressed to Superintendent of Police Sagar whereby he alleged that the applicant Vjjay and Sarla, father and mother of his wife deceased Neelma Jain were responsible for her illicit activities as they encouraged her to have clandastine relations with the applicants Mahcsh Kumar, Surya Kant Bhura, Ashok Kuroar, Rajendra Kumar and Neelesh. So far as applicants Anil Kumar and Dev Chand are concerned, it is alleged in the suicide note -cum - letter addressed to Superintendent of Police, Sagar that they were also responsible for his committing suicide as they also teased him and insinuated that he was impotent as his wife had not given birth to a child. These are the basic allegations.

(3.) LOOKING to the facts and circumstances of the case, this Court is of the opinion that no offence could be made out against all the applicants in all three revisions. So far as offence under Section 306 of IPC is concerned, it is necessary that applicants should have abetted suicide within the meaning of Section 107 of IPC. It appears to this Court that they did not do any act covered by under Section 107 of IPC and could be held to abet the commission of suicide on the part of the deceased.