GIRENDRA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners by this petition under Section 482 of Code of the Criminal Procedure, 1973 (for brevity "code") have prayed for quashing of the charge sheet of Annexure PI filed by the police Station Bakhara, District Dhamtari under Section 306/34 of the Indian Penal code (for short "ipc") against the petitioner and 18 other accused persons showing the petitioner absconding and one Sudama sahu as dead.

(2.) BRIEFLY stated facts of the prosecution case, as mentioned in the First Information report (for short "fir"), is that on 6. 3. 2007 deceased Laxman, his son Ashok and daughterinlaw Lakheshwari had beaten tukaram in relation to a dispute of money transaction. Tukaram lodged the report whereupon they were arrested, charge sheet was filed and a criminal case is pending against them in the Court of Judicial Magistrate 1st Class, Kurud. Said Tukaram also filed an application before the President of sahu Samaj in relation to the same incident, whereupon meeting of Sahu, Samaj was held on 10. 4. 2007 and in the said meeting it was decided that because Laxman, his son and daughterinlaw had beaten accused tukaram with slippers, therefore: * They shall arrange community dinner (Bharibhat) to the members of Sahu Samaj. * They shall pay penalty of Rs. 6,200. * The case shall continue in the court; and lastly * They have to leave their pucca house or they shall break their house. The decision of the Samaj was to be complied with within a period of one week and if the decision is not complied with, they shall be excommunicated from the society.

(3.) THE deceased could not comply with the decision whereupon in the meetings of sahu Samaj dated 27. 4. 2007 and 10. 5. 2007 it was decided that the deceased and his family members will be excommunicated, no one shall talk to them, no one shall visit them or dine with them. Other community services such as grocery shop, barber facility etc were stopped and deceased Laxman and his family members were completely outcaste by depriving them of social intercourse. Because of the above economical and mental torture, deceased Laxman committed suicide in the intervening night of 13th and 14th of May, 2007 by consuming poison.