MURALI @ MURALIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in C.P.No.48 of 2019 on the files of the Judicial First Class Magistrate's Court, Chavakkad, which arises out of Crime No.556 of 2016 of Chavakkad Police Station. Petitioners challenge the final report in the aforesaid crime.

(2.) According to the final report, petitioners are alleged to have abetted the offence of suicide of Sri. Ravi, who had hanged himself to death on 6/3/2016 after writing two suicide notes naming the petitioners as persons responsible for his death, thereby committing the offence under Sec. 306 read with Sec. 34 of the Indian Penal Code, 1860.

(3.) Smt.Namitha Rajesh, the learned counsel for the petitioner appearing on behalf of Adv. S. Sreekumar submitted that the prosecution allegations even if admitted in its entirety would not make out any of the offences alleged. It was further submitted that the two letters found on the body of the deceased did not connect the petitioners with any crime much less abetment of suicide. The only allegation in the two suicide CRL.MC NO. 7228 OF 2019 notes was that petitioners had filed a complaint in the police station against the deceased persons and when he was called upon by the police for investigation, he committed suicide. According to the learned counsel, under no circumstances can a complaint given by a person to a lawful authority be regarded as abetment of suicide.