LAWS(CHH)-2007-10-30

MAHENDRA BEHRA Vs. STATE OF CHHATTISGARH

Decided On October 24, 2007
Mahendra Behra Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) By this petition under section 482 of the Crimial P.C. the petitioner has prayed for quashing of criminal proceedings against him in Sessions 'Trial No. 223/2000 pending in the Court of Sessions Judge, Raigarh.

(2.) Briefly sated facts are that on 3.12.1999 deceased Charan Yadav committed suicide by hanging, merg intimation was given by Balam Singh in the Police Station Lailunga and after merg enquiry, Head Constable Ranjeet Ekka lodged the F.I.R. against the petitioner making allegations therein that the petitioner was undertaking construction work of Aanganbadi in Village Bhainsbudi, which was objected to by the deceased Charan that he is not employing the poor labourers from his locality. Whereupon, the petitioner lodged a report in the police station against the deceased and he was called in the police station. However, the deceased apprehending that because of the complaint of the petitioner the police shall take action against him, he committed suicide.

(3.) Learned Counsel for the petitioner reading the allegations in the F.I.R. as also the statement of Balam Singh in whose house Charan Yadav committed suicide argued that even if all the allegations made against the petitioner in the charge-sheet are accepted in its entirety. the same would not constitute abetment to commit suicide within the meaning of section 107 of the I.P.C., as the only allegation against the petitioner is that he lodged the report in the police station making certain allegations against the deceased on account of which he was summoned by the police and allegedly out of fear of the petitioner and the police, he committed suicide. Reliance is placed on Netai Dutta Vs. State of W.B., (2005) 2 SCC 659 = 2005 (28) AIC 541 = 2005 (51) ACC 952 and Rakesh Vaishnav Vs. State of M.p., 2004 (23) AIC 896 (Chhatt) = 2004 (1) CGLJ 324