RUKMINI SETH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State. Perused the impugned order dated 7.11.2011 passed by the learned Assistant Sessions Judge-cum-C.J.M., Baragarh, in C.T. No. E2/24 of 2011 framing charge under Section 306, I.P.C. against the petitioner. The prosecution allegations and the materials on record reveal that the deceased had taken some money from the petitioner to sell a land and was unable to return the same on repeated demands, and therefore, on the date of occurrence the petitioner abused the deceased lady imputing unchastity to her and also calling her children bastards and thereupon the deceased committed suicide.

(2.) Learned counsel for the petitioner submits that the prosecution allegation as aforesaid do not satisfy the ingredients of the offence of abetment to suicide, as there is no mens rea or criminal intention on the part of the petitioner to abet the commission of suicide by the deceased.

(3.) 'Abetment of a thing' has been defined in Section 107, I.P.C., which is extracted hereunder:--