1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.894 OF 2011 The State of Maharashtra ...Applicant. v/s. Vilas Rama Nimbalkar and Ors. ...Respondents. Mr. K.V.Saste , APP For the Applicant/State. CORAM : J.H. BHATIA, J. DATED : AUGUST 18 , 2011. P.C. 1 Heard the learned APP. 2 Prosecution seeks leave to prefer appeal against acquittal of the accused/respondent in Sessions Case No.25 of 2009 for the charges under Sections 143, 147, 323, 306 r/w Section 149 of the I.P.C. 3 Prosecution case in brief is that the deceased Pravin, who was the son of Nathuram Shelke, had allegedly molested the daughter of the accused no.1 Vilas. In view of this allegation, said Nathuram narrated the incident to Pravin on his returning home, who insisted to find out truth. Therefore, Nathuram, his wife and their son Pravin went to the house of one Housabai, who was the member of Gram Panchayat. Then all of them went to the house of the accused no.1 for enquiring into the allegations. When the matter was being discussed, accused persons allegedly started beating Pravin and threatened to kill him. Pravin ran 2 away from the spot. At about 6.15 p.m. deadbody of Pravin was found. The froth was noticed from his mouth and it was smelling of some poison. P.M.Report and Viscera Report also confirmed that it was case of suicide by consuming poison. After two days of the incident, report was lodged by Nathuram with police and the offence came to be registered. After investigation charge-sheet was filed against all the accused and they were put to trial for the offences punishable under Sections 143, 147, 323, 306 r/w Section 149 of the I.P.C. After trial, the trial Court acquitted holding that no case of abetment to commit suicide was made out. No external injuries were found on the body, therefore, charges under Section 323 of the I.P.C. also could not be established. 4 The learned APP contended that because accused persons had beaten the accused and had threatened to kill him, he committed suicide and, therefore, accused should be held guilty for abetting commission of suicide. Merely because, during a quarrel, accused had abused, beaten or even threatened to kill, that does not amount to abetment to commit suicide. For the offence of abetment, it is necessary that accused must have instigated the deceased to commit suicide or should have engaged in conspiracy for the doing of that thing by an act or must have intentionally aided for doing that thing. To support his 3 contention, the learned APP pressed into service Explanation 2 to Section 107 which provides that whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. It is nobody’s case that any of the accused had provided poison to the deceased and thereby had facilitated the commission of suicide. In fact, no case under Section 306 of the I.P.C. was made out. 5 In view of the above facts, I find no substance in the present appeal. 6 In the result, application stands rejected and leave to prefer appeal refused. (J.H. BHATIA,J.)