13.The learned counsel appearing for the petitioners relied upon the
judgment of the Hon'ble Supreme Court in the case of Amalendu Pal @
Jhantu v. State of West Bengal reported in (2010) 1 SCC 707, wherein the
Hon'ble Supreme Court in para nos.15 and 16 reads as follows:-
In this regard, it is relevant to refer to the
judgment of the Hon'ble Apex Court in Amalendu Pal Vs. State of West Page 18 of 25
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Crl.A.(MD).No.205 of 2020
Bengal cited supra, wherein, it is held as follows:
“9. Conviction under Section 306 IPC is not sustainable on the
allegation of harassment without there 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. In order to bring a case
within the purview of Section 306 IPC, there must be a case of suicide
and in the commission of the said offence, the person who is said to
have abetted the commission of suicide must have played an active role
by an act of instigation or by doing certain act to facilitate the
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Crl.O.P.(MD)NO.17886 of 2023
commission of suicide. Therefore, the act of abetment by the person
charged with the said offence must be proved and established by the
prosecution before he could be convicted under Section 306 IPC. (See
Amalendu Pal alias Jhantu V. State of West Bengal, reported in (2010)
1 SCC 707).
“9. Conviction under Section 306 IPC is not sustainable on the
allegation of harassment without there 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. In order to bring a case
within the purview of Section 306 IPC, there must be a case of suicide
and in the commission of the said offence, the person who is said to
have abetted the commission of suicide must have played an active role
by an act of instigation or by doing certain act to facilitate the
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Crl.O.P.(MD)NO.17886 of 2023
commission of suicide. Therefore, the act of abetment by the person
charged with the said offence must be proved and established by the
prosecution before he could be convicted under Section 306 IPC. (See
Amalendu Pal alias Jhantu V. State of West Bengal, reported in (2010)
1 SCC 707).
“Mere harassment without any positive action
on the part of the accused proximate to the time of
occurrence which led to the suicide would not
amount to an offence under Section 306 IPC
[Amalendu Pal V. State of West Bangal (2010) 1
SCC 707]”
In this regard, a reference could be made to the judgment of the Supreme Court, relied on by the learned counsel for the appellants/accused persons, to show that in order to bring an accused within the purview of the offence under Section 306 IPC, there must be an aid/act so as to make the deceased to go to such an extreme step of committing suicide; the relevant portion of the said judgment of the Supreme Court, which is reported in 2010 (1) SCC 707 (Amalendu Pal Vs. State of West Bengal), reads as follows: