NAVRATAN MAL @ SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant revision filed under Sec. 397/401, Criminal Procedure Code., the petitioner has challenged the order dated 9.11.2005 passed by the Additional Sessions Judge (Fast Track) No. 1, Bhilwara (for short 'the trial Court' hereinafter) in Sessions Case No. 79/2005, whereby the trial Court framed charge against the petitioner for the offence under Sec. 306 Indian Penal Code. Aggrieved by the order impugned framing charge, the petitioner has filed the instant criminal revision.

(2.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned as also the challan papers.

(3.) It is contended by the learned counsel for the petitioner that the trial Court framed the charge on the basis of a suicide note written by the deceased but the suicide note does not disclose the essential ingredients of the offence of abetment to commit suicide. Learned counsel submits that to constitute an offence of abetment, the very essential ingredients are that whoever instigates any person to do that thing or engage with one or more other person or persons in any conspiracy for doing that thing, if an order or illegal omission takes place in pursuance of that conspiracy and in order to do that thing or intentionally aids by any act or illegal omission, doing of that thing.