Indian Penal Code, 1860
Section 306 and Section 3(2)(5A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act—Abetment of suicide—Rejection of discharge application—Revision—First accused was in a love relationship with deceased for a considerable period of time—Only one instance pointed out by first informant/mother of deceased in her supplementary statement as told to her by the victim 2 to 3 months prior to the incident about the applicants opposition to the relationship and marriage on account of the caste to which the victim belonged—There is very vague and general allegation in the statement of another witness who says that family members of first accused were opposed to him marrying the deceased—Mere expression of opposition of the applicants to the relationship on one occasion without anything more is not sufficient to attract the ingredients of the alleged offences—Even if allegations of complainant and prosecution case is taken as true, it could not be said that conduct of applicants instigated the deceased to take her life or that applicants conspired with others to ensure that victim committed suicide or any act of the applicants or omission instigated the deceased resulting in the suicide—None of ingredients are attracted to the case at hand—Impugned order set aside and applicants ordered to be discharged—Petition allowed. [Criminal Procedure Code, 1973, Section 227]
[Paras 12 & 13]