MURALI Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioners are two among the accused in a pending case SC No. 296 of 2012 on the file of the Assistant Sessions Judge (Fast Track Court - I), Palakkad. The aforesaid case arose from the report filed in Crime No. 590 of 2010 of Palakkad Town North Police Station for the offence under S.306 read with S.34 of the Indian Penal Code against three accused persons and its committal by the Magistrate to the Sessions Court since the offence involved is exclusively triable by that Court. Petitioners have filed the above petition to quash the proceedings against them contending that it is an abuse of process of the Court.

(2.) One Mohanakrishnan committed suicide on 04/09/2010 at a tourist home, namely, A.V. Tourist Home, Palakkad. He left behind a suicide note narrating the circumstances which compelled him to take away his life. Annexure - A3 is a copy of that suicide note. In that suicide note, he referred to the harassment inflicted on him on account of some money transactions by one Mansingh Jayakumar, and also two others, the present petitioners. Crime registered over the suicide of the aforesaid Mohanakrishnan has led to the filing of the report indicting the three persons referred to above for the offence stated supra. Imputations made against the petitioners to prosecute them with the 1st accused as having abetted the victim in committing suicide and, thus, culpable for the offence punishable under S.306 of the IPC, is unsustainable under law and facts, is their case to seek quashing the criminal proceedings against them as an abuse of process of the Court.

(3.) I heard the learned counsel for the petitioners and also the learned Public Prosecutor. Adverting to the annexures produced with the petition, learned counsel for the petitioners contended that other than some statements subsequently made by the wife of the victim, there is no material evidence to connect the petitioners for an offence under S.306 of the IPC. At any rate, even the imputations made by the wife in her statements given to police and recorded under S.161 of the Code of Criminal Procedure, for short, the 'Code', which are produced as Annexures - A5 and A6 series, no case to constitute an offence under S.306 of the IPC would lie against the present petitioners, is the submission of the counsel.