Penal Code, 1860–Sec. 306–Charge framed for the offence–Justification–Parties are neighbours of each other–Deceased himself stated to petitioners that he will jump into the well–Petitioners never instigated him to jump into well–Statement of petitioners merely retarting to him to jump into the well today instead of tomorrow, will not come into the definition of Sec. 107 of IPC–Deceased took the action in heat of the moment–Held, no case is made out for the offence u/s. 306–Order of framing the charge is liable to be quashed.


