Judgment : [K.U. Chandiwal, J.] 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. The Applicants question Crime No.122 of 2009 registered at Bhingar Camp Police Station, Ahmednagar, for offence punishable under Section 306 read with 34 of the Indian Penal Code, further culminated in charge sheet No.91 of 2013 pending presently on the files of learned J.M.F.C., Ahmednagar. 3. Rajendra @ Nandkishore, deceased, a Government employee, branded as a whistleblower, committed suicide on 14th October 2009 by consuming poisonous substance. Pursuant to F.I.R. by Ratnamala Vikrant Tigote, his sister, investigation was carried. Statements of several persons were recorded. In the statement, Smt. Reshma, widow of Rajendra Palate, refers that before three months of her husband having untimely death, he had protested about atrocious acts of the Applicants, who were manning a Toll Naka. She feels that her husband was threatened of dire consequences. Pursuant thereto, her husband used to be under depression. He had communicated these facts to the informant Smt. Ratnamala, time to time. An offence was allegedly registered against the Applicants. The widow feels that the Applicants are with criminal antecedents. On 13th October, 2009 she noticed her husband to be under depression and informed her that the named persons (few of the Applicants) have abused deceased and even threatened to eliminate. 4. We have perused other statements annexed to the final report. The statements of the persons refer to events that have taken place three months prior to deceased committing suicide and most of the statements are hearsay in the character. Few statements illustrate about noticing the dead body and hearing cause of such death from others. 5. In normal circumstances, when final report is filed, we would have directed the Applicants to approach the learned Judge for seeking discharge. However, this is one of such exceptional case which calls interference in terms of Section 482 of Code of Criminal Procedure. This is more so, set of documents tendered by the Applicants show, unfortunately the deceased had 7/8 cases pending against him and he was indebted to several persons. These documents in ordinary course, while seeking discharge, could not have been relied by the Applicants before the learned Judge and consequently we are entertaining these documents, which are primarily uncontroverted. 6. This is more so, set of documents tendered by the Applicants show, unfortunately the deceased had 7/8 cases pending against him and he was indebted to several persons. These documents in ordinary course, while seeking discharge, could not have been relied by the Applicants before the learned Judge and consequently we are entertaining these documents, which are primarily uncontroverted. 6. A jolt and spike is created to the prosecution case by further statement of Smt. Ratnamala dated 15th October 2009, wherein without assigning any reason, she extends a clean cheat to Shivaji Rambhau Dahihande and Bharat Dagdu Pawar (Applicant Nos.7 and 8). It is quite clear, consequent thereupon, the final report exculpates these Applicants. When the informant Smt. Ratnamala has audacity to delete few of the Applicants, she should have, at the same time, to inform what was the available material to rigorously follow the cause against left over Applicants. 7. Another major impediment and impinge in the prosecution is, a mobile message flashed from Mobile No.9823744922 purportedly by deceased Rajendra to his sister. This mobile message speaks of mental depression of Rajendra. He does not name any of the Applicants to be master mind behind his frustration or hallucination, but he refers that some people have made his life unhappy and made it miserable. He urged his sister, to maintain his wife and children. 8. The prosecution against the Applicants is for an offence under Section 306 of I.P.C. which contemplate abetment of suicide "whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine". For the purposes of abetment, let us revert to Section 107 of I.P.C. It informs, firstly, there should be instigation to any person to do that thing; secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing; and thirdly, intentionally aiding by any act or illegal omission in doing that thing. Thus, the prerequisite for abetment is instigation to any person. 9. We have, with the assistance of the learned counsel for respective parties, gone through the statements of several persons, referred to herein before. None of the statements inform that soon before the death there was any goading, influence, pressure, threat, abetment by the accused Applicants. Thus, the prerequisite for abetment is instigation to any person. 9. We have, with the assistance of the learned counsel for respective parties, gone through the statements of several persons, referred to herein before. None of the statements inform that soon before the death there was any goading, influence, pressure, threat, abetment by the accused Applicants. If the wife says that her husband was seen under tension in the night or on 13th October 2009, it is her individual mental perception. It will not be of a contemplation of an act of goading or forcing a person to meet his death. The deceased, a well versed person in the area, if desired to implicate the accused, and as he could write to his sister well in advance, was not forbidden under the law to refer to any of the Applicants as preparator of his act to make his life miserable. The deceased has not done this; while he has left everything to his relations and particularly his sister Ratnamala, who is Advocate by profession. We have seen articulation in drafting the F.I.R. which also informs of the skill with which the Applicants were implicated. 10. One of the grounds that was referred for committing suicide, was the deceased had allegedly filed Writ Petitions against Applicants for their illegalities or atrocities in the area. Mr. Kakde submits and we agree, that there is no such evidence primarily or otherwise placed to show that deceased had allegedly taken recourse before this Court or any other Court against the Applicants. 11. On analytical study of the affairs of the matter, we are left with the impression that the story of abetment under Section 306 of I.P.C. is embroidered to give a credible look, however, it need not defeat the justice. Pith and marrow in entire matter is, the three months prior incidents. How far it is to be stretched, is again a question mark. 12. Both Criminal Applications allowed. The prosecution in the set of above facts, calls for interference. It is accordingly quashed and set aside. 13. Rule made absolute in the above terms.