Indian Penal Code, 1860 Section 306–Abetment to suicide–Altercation between the deceased and accused persons few days prior to committing suicide–As per prosecution case, on 08.05.2008, there had been some altercation inter se the deceased and accused No. 2–Thereafter again the accused persons kept threatening the deceased qua which the complaint was lodged by the deceased-on 12-5.2008, the Superintendent of Police Solan called the deceased and was scolded by the police and accused party present–After 16 days of first incident of altercation and 9 days of lodging of complaint deceased committed suicide–Trial Court convicted the accused–Appeal against conviction–
Held–To prove allegations under Section 306 IPC, it is incumbent upon the prosecution to prove abatement/instigation, if any, at the hands of the accused, named in the FIR, which is totally missing in the case at hand-In the absence of the element of abetment missing from the allegations, the essential ingredients of offence under Section 306 IPC do not exist–Mere allegation of harassment of deceased by the accused named in the FIR may not be sufficient to conclude guilt, if any, under Section 306 IPC, rather to bring the accused in the ambit of 306 IPC, it is required to be established on record that deceased Gaurav Rattan committed suicide after being instigated and abated by the accused, which in the case at hand is totally missing–Impugned order of conviction set aside–Appeal allowed.