As per case facts, a complaint was lodged alleging that accused persons threatened the complainant's son over alleged theft, took him from their house, and later the son was found ... hanging from a tree, presumed killed by the appellants. The trial court convicted the appellants under Section 306/34 IPC, sentencing them to seven years imprisonment. The appeal challenges this conviction, arguing lack of mens rea and inconsistencies in witness testimonies. The question arose whether the prosecution proved abetment to suicide beyond reasonable doubt, and if the conviction should be set aside, especially considering the legal requirement of a positive act to instigate suicide. Finally, the Court held that the conviction based on surmise and conjecture and failed to attract the essential ingredients for an offense under Section 306 IPC, which requires a mental process of instigating or intentionally aiding suicide with a positive act. Consequently, the criminal appeal was allowed, and the judgment of conviction was set aside.