DHANESH KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) AN FIR was lodged by respondent no. 2 against the applicants for the offence punishable under Section 306 IPC. After investigation, a final report was submitted against the applicant. Said final report was rejected by learned Magistrate keeping in view the contents of suicide note and what is why the applicants were summoned to face the trial for the said offence. This Court was taken through the contents of FIR, as also the suicide note by learned counsel for the parties.

(2.) WHEREAS learned counsel for respondent no. 2 submitted that prima facie case against the applicants was made out for the offence punishable under Section 306 IPC, it is the contention of learned counsel for the applicants that there is no evidence of abetment so as to constitute the offence punishable under Section 306 IPC.

(3.) RELIANCE is placed by learned counsel for the applicant upon a decision of the Hon'ble Apex Court in M. Mohan, Velmurugan and another vs. State, 2011 AIR(SCW) 1601, wherein the Hon'ble Apex Court observed as below: