ORDER
R.P. Gupta, J.
1. It is conceded by both the counsel that the petition may be finally decided at this stage.
2. The petitioner has been charge sheeted for offence punishable under Section 306 I.P.C.. Her husband Rakesh Grewal committed suicide on 1-2-96 by hanging himself in his own house. He was married to the petitioner on 26-7-92. They lived together till 23-3-93 and then separated. The husband filed the divorce suit against her on ground of unchastity as she developed illicit relationship with one Dhanraj Choudhary, Advocate. That suit was pending still when he committed suicide. The suicide note written by the deceased was found in the house on 3-4-96 wherein he has stated in what circumstances he committed suicide. The narration is that this lady was behaving in immoral manner having sexual connections with Dhanraj and on objection by the husband, her mother was creating a scene and declaring that this was the freewill of the girl and he was nobody to object. All this had pained him and in order to avoid all these unfortunate circumstances he ended his life.
3. The prosecution had cited only 5 witnesses. They are mother, 2 sisters, father and neighbour of the deceased apart from the post-mortem report.
4. The provisions of presumption under Section 113A of the Evidence Act do not arise against the wife due to whose cruelty the husband commits suicide. It is certainly a case of mental cruelty by the wife due to her alleged characterless manner but unfortunately the legislature has not taken into account these factors.
5. In the absence of any such presumption, inference of abetment because of the cruel conduct of the wife against her, cannot be raised. It is not a common course of events nor a natural result. The husbands generally inflict cruelty upon the wives. It is not that the wives are not cruel. But such cruelty by the wife cannot be said to be an instigation to the husband to commit suicide.
6. Abetment has been defined under Section 107 I.P.C.. There have to be either of the 3 acts by the abettor. Engaging with one or more other person or persons in any conspiracy for the doing of the particular act is one of them. There should have been a conspiracy that the husband led to commit suicide and along with the conspiracy there should be an act of illegal omission or there should be instigation of the person who commits suicide to do that act. There should be intentionally aiding an act or illegal omission. Even facilitation for commission of crime amounts to abetment.
7. In this case the material on record may show a cause for the husband to feel so depressed as to take such a decision, but how much he was so depressed by the immoral character of the wife, is different from person to person. It is not a common feature that husbands are led to commit suicide. So it is not a normal conduct. There is no other material on record against the petitioner except the suicide note of the husband and the letter written by him to his own sister earlier. They are totally insufficient material to infer that the wife abetted suicide. She may be cause for the suicide, but not the abettor. So although this wife on the basis of dying declaration deserves no sympathy of either the Court or the society, but it cannot be said that she abetted suicide.
8. This petition deserves to succeed. The charge framed against the petitioner is set aside. The revision is accordingly accepted.