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Almost about one year ago Bharat and Girish decided to undertake some repairing work of our said room as it was in a dilapidated condition and to make a room with tinned roof sheets. After taking such decision, besides our old room on the common plot in the society, the work of new room was started. Thus, the society persons had opposed the same and asked not to construct the room. Also about four years ago when my first son Mansing had expired then the society people were asking to vacate the plot and leave, therefore there was dispute started in this regard, wherein on the plot new room construction work was started Thus, the dispute with the society had become more agitated and false representations were made against us in the Rajkot Municipal Corporation and by reason of giving such applications to the Corporation, electricity and water connections to the room in which we are living, which we were enjoying since years, were disconnected. Also, in the common plot in the society with a view that there should be difficulties caused to us in ingress therefore they have put debris and earth heaps unloaded tractor full, in this manner they had started to cause us harassment, thus, my son Bharat and Girish had made representation before the Municipal Commissioner, but on behalf of the Corporation also there was notice issued for halting the construction of the room and for demolishing, and the society people were also pressurizing us to vacate the plot and leave, thus both my sons had filed the suit in the court, in spite of this Chhotunagar Society had continued to harass us for vacating the plot, and they had made false representations before the Corporation and taken action for halting the construction and demolishing it, in this regard there were notices issued to us, in this manner the society people were causing harassment, thus our family members had become fed up.

Thus, we had taken the decision of self immolation, and on 3/4/2013 in the afternoon at about eleven o' clock Bharat had talked to some one on the telephone from Chhotunagar Society common plot, and thereafter he had said that we have to go to the Corporation, saying this my son Bharat and Girish and myself and Bharat's wife Asha and Girish's wife Gauri Mahendra's wife Rekha and Mansingh's wife Vasumati, in this manner seven members of our family had walked from the Chhotunagar Socity Common plot and went to the Raiya Road, from there we had hired a rickshaw and went to the back door of Corporation, at that place we got down from the rickshaw and from the back gate went near the office of the Municipal Commissioner, and there in the afternoon at about twelve o'clock we had reached the lobby of the Municipal Commissioner and Bharat and Girish were carrying school bags with them in which they had kept kerosene box, these plastic cans were taken out from the bag and sprinkled kerosene and thereafter Bharat had lighted the match and touched to his bush shirt, thus, bush shirt caught fire and his wife Asha had tried to cool the fire using her saree, her saree was also doused with kerosene thus it also burnt, and Gauri had tried to cool using her dupatta, so the dupatta caught fire and she had thrown her dupatta and ran, I was standing at a distance, my family members were burning, I had gone far from there, and Bharat and Girish and Asha and Rekha and Vasumati had got burnt, and they had started to shout and run, I had also started to shout for help, within a few minutes untoward incident had taken place, police and fire-brigade came, mobs of people had gathered, Bharat and Girish and Asha and Rekha and Vasmati were taken in Ambulance to the hospital and myself and Gauriben were taken by the police near the fire brigade and water was sprayed on us and bathed us, thereafter they had taken us to one office there and from there we were taken to the police station, Gauri had lodged the complaint. Chhotunagr Society inhabitants Dushyant and Hareshbhai Society people were harassing for vacating the plot, I do not know the BJB Corporator Rajbha Jhala and Kamleshbhai Mirani. They have never come on our common plot in my presence.

(iii) In view of the allegations made in the complaint and the evidence collected by the Investigating agency including the dying declarations of the deceased, can it be said that the accused persons aided or instigated the deceased to commit suicide or can it be said that cruelty and harassment even if believed, was with the intention to force the deceased persons to commit suicide?

(iv) Taking the dying declarations as a piece of evidence and reading them as a whole without challenging the veracity of the same, whether it can be said that on account of instigation or aiding or harassment, the deceased committed suicide?

20. The Hon'ble Supreme Court in case of Amalendu Pal @ Jhantu vs. State of West Bengal, 2010 AIR(SC) 512, after considering various earlier judgments in para 15 observed that, "15. Thus, this Court has consistently taken the view that before holding an accused guilty of an offence under Section 306 IPC, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life. It is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without their being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable."