BHUPENDRA POTAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant Criminal Revision under Section 397 read with 401 of the Code of Criminal Procedure has been preferred by the applicant against the charge framed by the Additional Sessions Judge (FTC) Uttar Bastar, Kanker against him on 26.02.2014 under Section 306 IPC.

(2.) It is alleged that in the intervening night of 22.12.2013/23.12.2013 deceased Harita Uikey committed suicide by hanging to a tamarind tree with the help of her own scarf. At the relevant time, she was aged about 16 years and studying in class X. The deceased and the applicant hailed from the same village. As the prosecution story unfurls, the applicant had a love affair with the deceased and to express the same he had also written a love letter to her which has been seized by the police on being produced by her father Ram Bharos Uikey. Not only this, on 22.12.2013 at about 7-8 PM the applicant came to her house and dragged her out for letting her know as to what he had written for her on the wall. After that, the deceased did not get back alive, and in the next morning her family members came to know through the brother of the applicant that Harita Uikey had ended her life by hanging to a tamarind tree with the help of scarf.

(3.) Counsel for the applicant submits that the allegations made against the applicant, even if seen in the light of the material collected by the prosecution, do not give rise to an offence punishable under Section 306 IPC as the ingredients of abetment contained in Section 107 IPC are not at all attracted to this case. In support of his submissions, counsel for the applicant relied upon the decision of the Supreme Court in the matter of State of Kerala and others v. S. Unnikrishnan Nair and others rendered on 13.08.2015 in Criminal Appeal No. 2086/2014, decisions of this Court in the matter of Raj Shekhar Paliwal and another v. State of CG and another,2021 1 CgLJ 145 and the one in the matter of Arvind and others v. State of CG rendered on 05.02.2014 in Criminal Revision No. 301/2013.