PALLAVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, the petitioners pray for the following reliefs, among others:

(2.) An FIR was lodged against the petitioners for the offences punishable under Sec. 306/34 of IPC. Learned counsel for the petitioners submitted that petitioner no. 1 is wife of the deceased/husband, petitioner no. 2 is father-in-law of the deceased and petitioner no. 3 is brother-in-law of the deceased. Learned counsel for the petitioners drew the attention of this Court towards Annexure-2, which is injury report of petitioner no. 1 to show that her husband beat her like anything. It appears that the deceased committed suicide in repentance.

(3.) Learned counsel for the petitioners placed Judgment of Honourable Apex Court in Mahendra Singh and another Vs. State of M.P., reported in 1995 Supp (3) Supreme Court Cases 731, and Netai Dutta Vs. State of W.B., reported in (2005) 2 Supreme Court Cases 659, Sohan Raj Sharma Vs. State of Haryana 2008, AIR SCW 3202 and this Court also in Mahesh Yadav Vs. State of Uttarakhand and another, reported in 2014 (1) U.D.,94 in which it was held that mere cruel or insulting behaviour cannot be taken to be an act of abetting suicide and the ingredients of Sec. 306 IPC, in such cases, are not made out.