1 S.B.Criminal Revision Petition No.1187/2007 Panna Singh & Ors. v. State of Rajasthan Date of Order :: 10th January, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Sandeep Mehta, for the petitioners. Mr. Ashok Upadhyay, Public Prosecutor. .... The petitioners were convicted for the offences punishable under Sections 148, 452, 323, 324/149 and 325/149 IPC by learned Judicial Magistrate, Ist Class, Kumbhangarh and an appeal preferred challenging the judgment of conviction and order of sentence came to be rejected by learned Additional Sessions Judge (Fast Track), Rajsamand on 18.7.2007. Subsequently, it came in knowledge of the court that one accused Khuman Singh son of Dhulaji was not present on the date of decision of appeal and in his place his brother Choon Singh appeared before the court as Khuman Singh and he was sent to jail for serving out the sentence. An inquiry, therefore, as per provisions of Section 340 Cr.P.C. was conducted by learned Additional Sessions Judge (Fast Track), Rajsamand and during the course of inquiry statements of 10 witnesses were recorded. Learned Additional Sessions Judge by the order impugned dated 8.10.2007 directed 2 to file a criminal complaint against the petitioners for the offence under Section 205/109 IPC. While assailing validity of the order aforesaid the contention of counsel for the petitioners is that mere silence of the petitioners cannot be treated as abetment, thus, the the order impugned is bad in eye of law. I have gone through the record available. All the revision petitioners are residents of one village and some of them are close relatives. Learned Additional Sessions Judge after considering entire material available on record prima facie found the petitioners liable for commission of an offence under Section 205/109 IPC. Abetment of offences has been dealt with under Chapter V of the Indian Penal Code and Section 107 IPC defines the same as follows:- “107.Abetment of a thing.--A person abets the doing of a thing, who-- First.--Instigates any person to do that thing; or Secondly.--Engages with one or more other person or persons in any conspiracy for the 3 doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.--A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.” No doubt, that an illegal omission also comes within the perview of abetment of a thing, thus a bald preposition that silence is not abetment is absolutely ill founded. The order passed by learned Additional Sessions Judge is based on consideration of the material available on record and that does not suffer from any error warranting interference of this Court in its revisional jurisdiction. Accordingly, the revision petition is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.