LOVEPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of the present petition filed under Section 439 Cr. P.C., praying for regular bail to the petitioner in case FIR No. 3 dated 05.01.2014 registered under Section 306/34 of IPC at Police Station Fatehgarh Sahib, Distt. Fatehgarh Sahib.

(2.) ALLEGATIONS against the present petitioner in the FIR, are that she along with other co -accused abetted the commission of suicide of deceased Jasbir Singh. As per prosecution version present petitioner was married to deceased Jasbir Singh and after marriage, Jasbir Singh and the present petitioner had proceeded to Australia but after about 7 months, the petitioner on her own will and accord had left her husband and came back to her parental house. Still further, in the entire FIR, there are general allegations against the present petitioner as also the co -accused of having harassed the deceased Jasbir Singh.

(3.) IT is by now well settled that in a case of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. The Hon'ble Supreme Court in Chitresh Kumar Chopra Vs. State (Govt. of NCT of Delhi), : 2009 (4) RCR (Criminal) 196 had categorically observed that for offence under Section 306 of the Indian Penal Code to be made out, there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led to the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.