Penal Code, 1860–Secs. 306, 306/34 [Corresponding Secs. 108, 108/3(5) of BNS, 2023]–Order of framing charge–Sustainability–Deceased was addicted to liquor and the appellant and deceased used to have liquor together–Son of the deceased suspected that there were illicit relations between her mother and the appellant–Except such statement, there is no other material to indicate any instigation or induceument on part of the appellant–No proximity between the date of meeting of the appellant with the deceased and the date of committing suicide–Even there were illicit relations between the wife of the deceased and appellant, the clear mens rea to abet the commission of suicide is absent–Impugned order is liable to be set aside.
