CRR No. 1095 of 2011(O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRR No. 1095 of 2011(O & M) Date of decision : 12.10.2011 Bahadur Singh ........Petitioner Vs. Kulwant Singh ......Respondent CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr. S.S.Salar, Advocate, for the petitioner --- AJAI LAMBA, J (Oral) : CRM No. 26185 of 2011 For reasons given in the application, delay of 131 days in filing the criminal revision is condoned. CRR No. 1095 of 2011 This criminal revision is directed against order dated 19.8.2011, passed by Additional Sessions Judge, Patiala, vide which the respondent- accused have been acquitted of the charge under Section 306 of the Indian Penal Code. The relevant discussion is contained in paras No.42 and 43 of the impugned judgment. It has been held that at best it could be said that the accused was avoiding to make payment to the deceased, however, the same cannot be stretched to hold that the accused had mens rea and with this intention instigated, provoked, goaded and abetted the suicide of the deceased. It has further been held that weakness of the deceased cannot be used against the accused so as to convict him and hold him responsible for abetting suicide. The prosecution has failed to prove the ingredients of any CRR No. 1095 of 2011(O & M) -2- instigation, provocation and goading etc. which may constitute abetment to commit suicide on the part of the accused beyond the shadow of doubt. It is a possible view taken in reference to the evidence that has come on record, by the trial Court and the same calls for no interference. The criminal revision is dismissed. (AJAI LAMBA) JUDGE 12.10.2011 akm