Penal Code, 1860–Sec. 306 [Corresponding Sec. 108 of BNS, 2023]–Charge framed for the offence–Sustainability–Suicide note mentions lending money without implicating the petitioner in any unlawful act–The note was not sent for forensic analysis due to absence of handwritten samples–Cheques issued by the petitioner to the deceased do not establish any act of instigation or abetment by the petitioner that could have led to the deceased’s death–Even if the allegation as contained in FIR and statements of the witnesses are taken as it is, even then, it cannot be said that petitioner has instigated the deceased to commit suicide–Impugned order of framing charge is liable to be quashed and set aside.
