AKASH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India for quashing FIR No. 52/2021 (Annexure P/1) registered against him for committing offence punishable under Sec. 306 and 34 of IPC on the basis of complaint made by respondent No. 2-Nirmala Rajput.

(2.) The brief facts as projected by the petitioner are that complainant/ respondent No. 2 has given an intimation to Police Station- Katghora, District- Korba (C.G.) that younger brother of her husband has committed suicide in the house. The deceased- Balvinder Singh was habitual to consume liquour and he used to run auto rickshaw. The deceased used to live with his family members at Bazar Mohalla, Katghora and half portion of his house has been given on rent to Sanjay Yadav and his wife namely Anusuiya Yadav. On 22/1/2021, a quarrel took place between Balvinder Singh, his wife Tuli Kaur and tenant Sanjay Yadav and due to which, Tuli Kaur went to her parental house at Korba. On 22/1/2021 at about 10:00 a.m., the complainant/ respondent No. 2 went to the house of deceased- Balvinder Singh and found that the deceased has committed suicide by hanging himself in the house. The complainant called the neighbours and thereafter she has given intimation to Police Station- Katghora, District- Korba. On the basis of above report, offence under Sec. 306/34 of IPC has been registered against the accused persons namely Sanjay Yadav, Purnima Yadav, Yashoda Bai Yadav and the present petitioner- Akash Sharma.

(3.) Learned counsel for the petitioner would further submit that if the case of the prosecution is taken as it is then also the offence punishable under Sec. 306 of IPC is not made out against the petitioner. Even the FIR does not reflect that the petitioner has abetted or instigated the deceased to commit suicide. There is no ingredient of instigation as defined under Sec. 107 of IPC. The only allegation against the petitioner is that the Anusuiya Yadav wife of Sanjay Yadav, the tenant of the deceased was doing household work in house of the petitioner and the petitioner was giving support to said Anusuiya Yadav, the said allegation does not constitute the offence under Sec. 306 of IPC against the petitioner.