DIWAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONERS have grievances against framing of charge against them under S. 306 of the Indian Penal Code. Their names are not there in the suicidal note. They are cousins of the deceased. Some property disputes were of course there between the parties that may be cause of depression of the deceased. But there was absolutely no material whereby any inference of abetment could be there against the petitioners. To prove abetment, ingredients of section 107 of the Code must be satisfied, i.e., either there must be instigation or engaging in any conspiracy or intentional aid. The record does not show that any of these ingredients existed in the case. Thus, framing of charge under S. 306 of the Code against the petitioners was not legal.

(2.) CERTAINLY , there has been miscarriage of justice by framing such charge. Hence, revision is allowed. Charges against the petitioners are quashed. C.C. as per rules.