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17. Akhilesh Gupta has stated that on 29.1.2009 at about 12:30 in the afternoon one boy had given a letter to the daughter of Kamlesh who is aged about 12 years. After hearing the shouts of the girl the shopkeepers came there and caught hold the boy. On enquiry, he disclosed his name as Daulat Singh Dangi. When they saw the letter they found that it was a love letter. All the shopkeepers scolded Daulat Singh Dangi and enquired about the phone number of his house and thereafter somebody made a telephonic call to his family members. After sometime the brother of Daulat Singh Dangi namely Chandrabhan Dangi came there along with two friends and when he was informed by the shopkeepers about the fact of giving of a love letter to the girl then Daulat Singh Dangi was also scolded by Chandrabhan Dangi and he took away Daulat Singh along with him. The statement of Rajesh Raikwar, Ashok Sahu and Sanjay Gupta are also to the same effect.

20. Munna Khan and Jaswant Singh have stated that they had seen one boy committing suicide, by jumping in front of running train.

21. Thus, from the appreciation of the evidence which has been collected by the police during investigation it appears that the deceased Daulat Singh Dangi had given a love letter to the daughter of Kamlesh and on alarm being raised by the girl, the deceased was scolded by the shopkeepers and thereafter the deceased committed suicide by jumping in front of running train.

33. Therefore, it is clear that a person can be said to have instigated another person, when he actively suggests or stimulates him by means of language, direct or indirect. Instigate means to goad or urge forward or to provoke, incite, urge or encourage to do an act.

34. In the present case the police has seized the so called love letter written by the deceased Daulat Singh Dangi to the daughter of Kamlesh. Thus, the allegation of the witnesses that the deceased was scolded/beaten because of the fact that he had given a love letter to the daughter of Kamlesh is found corroborated by the love letter so seized by the police. In the present case it is also apparent from the statements of Munna Khan and Jaswant Singh Yadav that one boy had committed suicide in front of them by jumping in front of running train. Thus, it is clear that there is no corroborative evidence on record to substantiate the allegation of last seen together or putting the body of a boy on the railway track as stated by Balbir Singh and Ram Kishore who are admittedly friend/known to Virendra Singh. Accordingly, the Trial Court did not commit any illegality in not taking cognizance for offence punishable under Section 302 of IPC.

36. Considering the allegations which have come against the applicant, it is clear that the applicant had not taken any active role or had in any manner provoked the deceased to commit suicide. If the deceased had given a love letter to a girl and thereafter he was scolded or even beaten by the shopkeepers, and making a complaint to the family members of the deceased about the conduct of the deceased of giving love letter to a girl cannot be said to be an act which may amount to instigating the deceased to commit suicide.