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Thereafter on 26.3.2015, the deceased was attached with ITBP, SHQ, .
Shimla. During his service in ITBP SHQ, Shimla, deceased rendered services in various capacities and from 24.7.2015 to 20.8.2015 he was posted as Runner and thereafter from 20.8.2015 he was on guard duty.
On the night of 16.9.2015 deceased was on Sentry duty at Gate No. 2 of ITBP SHQ, Shimla from 9.45 p.m. to 12.30 am alongwith Kulbhushan son of Sh. Sampuran Singh, resident of Tehsil Pooh, District Kinnaur, H.P. At about 12.10 am in the night, the deceased directed aforesaid Kulbhushan to leave rifle Insas No. 166 which was allotted to Sentry Kulbhushan on 16.9.2015 with him and wake up the sentry from the barracks for the next shift of sentry duty. The deceased assured Kulbhushan that he will deposit the rifle and ammunition on behalf of Kulbhushan. As Kulbhushan left for the barracks to wake up the sentry having next shift of duty, the deceased loaded the aforesaid rifle and shot himself dead in the sentry chamber. The matter was immediately reported to the police and FIR No. 235 of 2015 dated 17.9.2015 was registered and investigation was conducted. During the course of investigation, site plan of the occurrence was prepared and autopsy of the dead body of deceased was conducted. Photographs, empty cartridges were taken into possession and statements of witnesses were recorded. After completion of the investigation, police prepared the challan and presented in the Court. It is alleged that during the course of investigation a suicide note has been recovered and the said suicide note appears to be in the handwriting and signatures of the deceased. It is further alleged that as per suicide note, the deceased was harassed by Deputy Commandant (Engineering). Thereafter, the police filed final report under Section 173 Cr.P.C.

13. As we find from the narration of facts and the material brought on record in the case at hand, it is the suicide note which forms the fulcrum of the allegations and for proper appreciation of the same, we have reproduced it herein-before. On a plain reading of the same, it is difficult to hold that there has been any abetment by the respondents.

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17. We have quoted in extenso from the said judgment and we have no hesitation in stating that the suicide note therein was quite different, and the Court did think it appropriate to quash the proceedings because of the tenor and nature of the suicide note. Thus, the said decision is distinguishable regard being had to the factual score exposited therein."

18. Thus, what can be taken to be settled is that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. When the allegations of abetment are based on the suicide note and when no other instance as regard mental cruelty are stated in the FIR, the Court is to find from the contents of the suicide note whether there has been any abetment from the accused leading to commission of suicide by the victim.

19. Apart from the suicide note, learned Deputy Advocate General is not in a position to point out any other material which may point out to the complicity /involvement of the petitioner.

20. Now, adverting to the suicide note, the same reads as under:

"esa Jh th- Mh- furhu ;s fy[krk gwWa dh eq>s DC ENG us cgqr ijs'kku fd;k esa vius vki dks xksyh ekj jgk gwsW vkSj rwe DC ENG dks dHkh ekQ er djuk ;s esa pkgrk gwaWA rqEgkjk furhu xksrekjs sd/-"