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4 25_Cri.Appln_4402_2023+1 4 Learned Advocate for applicants further submits that according to informant, after the plot was purchased, it was divided into half for each of them and then the informant's husband after taking due permission from CIDCO had made construction on the half of the plot. According to them, her husband had asked the applicants regarding the common wall to be constructed and since they had given consent, informant with her family income had constructed the common wall in 1997 and on that wall there was a parapet wall. According to informant, present applicants had made construction about 15 to 20 years prior which was restricted to the ground floor. Though the plot was standing in the name of both of them; yet, without taking consent from the informant's husband applicant Kalpana brought permission from the Municipal Corporation about three months prior to the First Information Report for construction of the upper floors and then made the construction of first floor and second floor. Without their permission they had started digging holes in the common wall. They demolished the parapet wall. As a result of which, due to seepej the rain water started coming in their house. When the informant and her husband went to have a word with the applicants around 1.00 p.m. on 20.06.2023, at that time the applicant Kalpana was not at home, but her husband, married daughter Smita and son-in-law Abhishek as well as another daughter Sapna gave abuses in filthy language to informant's husband and mother-in-law.

8 Now, after considering the law that is required to be considered, we would like to consider the facts of the case. Most of them are not disputed when it is the fact of purchase and the fact of suicide. Though there appears to be prima facie evidence for suicide, we cannot jump to the conclusion that there is also prima facie evidence for abetment also. The plot was purchased in the year 1991 and deceased Kishor Mule had made construction first in point of time on the half portion of plot. It also appears that in 1997 the common wall was constructed. The document dated 07.09.1995 was not referred in First Information Report, but it appears to have been collected by Investigating Officer, which was part of the documents produced before the Municipal authorities. On 07.09.1995 it appears that applicant Kalpana had given post dated cheque for Rs.10,501/- towards her contribution to the common wall. But it appears that on 31.10.1995 certain 11 25_Cri.Appln_4402_2023+1 objections were raised by applicant Kalpana and since those conditions were not followed, said cheque for Rs.10,501/- was stopped from honouring. Certainly, it appears that then there was a dispute which was not insisted upon as it appears from the facts of the case. But all that had happened that was in 1995. It is then stated by informant that common wall and parapet was constructed by deceased Kishor in 1997 with his own funds. It is then stated that applicant Kalpana made construction in her plot about 15-20 years which was to the extent of ground floor and further construction was started in 2021 in respect of first and second floor. If there was objection for the same, Kishor could have raised objection before the Municipal Authorities. He then states that the common wall and the slab, parapet wall was demolished. This could have also been raised before the Municipal authorities and the informant has not given when that demolition had taken place. All of a sudden then after about two years i.e. on 20.06.2023 it is stated that Kishor and his mother went to the house of applicant Nos.1 and 2 for persuading them. In First Information Report itself it is stated that applicant Kalpana was not at home. That means, she had not taken part in any manner in the incident that had allegedly taken place on 20.06.2023. Then the question arise, as to why she has made as an accused and in what manner she has abetted the commission of suicide by deceased Kishor. This shows mala fides on the part of respondent No.2 towards one of the 12 25_Cri.Appln_4402_2023+1 applicants in clear terms i.e. as against applicant Kalpana. 9 Now, as regards the incident dated 20.06.2023 around 1.00 p.m. is concerned, it is stated that the other applicants had abused Kishor and his mother Kamalbai in filthy language. Informant says that because of the same her husband thought insulted. Neither she in her First Information Report nor Kamalbai in her statement under Section 161 of the Code of Criminal Procedure has stated as to which abuses were given. The entire incident that had taken place inside the house of applicants has not been given in detail. Merely by using the word 'filthy abuses', the thing will not be inferred that it amounted to insult. Now, in the suicide note it is stated that the abuses were given to Kishor as well as to his mother and as the abuses were given to his mother, he felt bad about it. We would like to reproduce the suicide note and translation thereof.