MERE FILING OF A CHARGESHEET BY THE POLICE DOES NOT JUSTIFY THE FRAMING OF CHARGES BY THE TRAIL COURT!

The evidence on record, even if the same is accepted as true and correct, only reflects that the Petitioners were allegedly searching for the deceased in order to give him a beating. Evidence is not suggestive whether the Petitioner actually ever found the deceased and beat him, as threatened by them. The PMR also does not reveal any external injuries on the body of the deceased which may have raised a slight suspicion that the Petitioners may have beaten the deceased.

There are a number of judgements of the Supreme Court wherein it is clearly laid down that to be charged for an offence u/s. 306 IPC, it would be essential for the prosecution to establish prima facie, that the actions of the accused were directly responsible for instigating that deceased to commit suicide. Such actions must satisfy the ingredients of S. 107 IPC whereby it should evident that the accused had instigated the deceased to commit suicide, or that the actions of the accused were of such nature that the victim had no other option but to commit suicide. In the instant case there is no evidence at all, let alone prima facie evidence that the Petitioners had even met the deceased prior to his committing suicide. The Ld. Trial Court failed to examine the statements of the witnesses in the backdrop of the law laid down by the Supreme Court for an offence u/s. 306 IPC and therefore erred in framing charges against the Petitioners herein u/s. 306 IPC. In the facts and circumstances of the instant case, it can be said that the Ld. Trial Court did become the mouth piece of the prosecution.