TIKAM CHAND RATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the instant revision, the Applicant has challenged the order dated 25.7.2014 passed by the 7th Additional Sessions Judge, Raipur in Sessions Trial No.149 of 2014, whereby a charge under Section 306 of the Indian Penal Code has been framed against the Applicant.

(2.) Facts of the case, as projected, in brief, are that Netram Sinha committed suicide by consuming poison in the intervening night of 19.2.2014 and 20.2.2014. His elder brother Krishna Prasad Sinha lodged a complaint to the effect that on account of alleged commission of pressurising to the deceased by the Applicant to sell his land ad-measuring about 2.5 acres and thereafter keeping the amount of sale-consideration by the Applicant with him made the deceased to commit suicide. On the basis of the complaint, an offence punishable under Section 306 of the Indian Penal Code has been registered against the Applicant. During investigation of the offence, it was found that the deceased was owner of certain piece of land situated at Village Torla Nawapara, Raipur and the land was sold to one Agardas. Before the said sale, rinpustika of the land was given to the Applicant by the deceased and a loan of Rs.2,10,000/- was obtained by him from the Applicant. After entering into an agreement with buyer of the land Agardas, the deceased made repayment of the loan of Rs.2,10,000/- to the Applicant and demanded back his rinpustika and agreement papers etc. It is further alleged that the Applicant denied the deceased to return him the documents relating to the land and sought registration of sale-deed of the land of the deceased. Registration of sale-deed of the land in favour of buyer Agardas took place for a consideration of Rs.8,66,500/- and this amount was retained by the Applicant with him. Out of the amount of sale- consideration, the deceased also repaid the amounts of loan of Rs.1,60,000/- to Dilip Baghel, Rs.1,25,000/- to Shekhu Satnami, Rs.40,000/- to Bhagwat Nishad and Rs.12,000/- to Jageshwar, which he had borrowed from them. Thus, out of the sale- consideration, the deceased received a total sum of Rs.3,37,000/-.

(3.) Learned Counsel appearing for the Applicant submitted that from the evidence collected by the prosecution, prima facie, no offence under Section 306 of the Indian Penal Code is made out against the Applicant. Even if the entire prosecution case is treated to be true then also the same would not amount to abetment to the deceased for commission of suicide. He further submitted that none of the ingredients required for instigation for commission of suicide is present in the instant case.