KANUBHAI TAPUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard ld. counsel Ms. Krina Thakkar for ld. counsel Mr. Yogesh S.Lakhani for the petitioners -accused, ld. APP Mr. AY Kogje for respondent Nos. 1 & 3 and ld. counsel Mr. MJ Buddhabhatti for respondent No. 2.

(2.) By invoking the jurisdiction of this Court under Sec.482 of CrPC, the petitioners have prayed that a complaint filed before Paliad Police Station being CR No.60/2003 by respondent No.2 for the offence punishable under Sec.306 of Indian Penal Code (IPC for short), be quashed and set aside.

(3.) The backbone of the contentions of ld. counsel Ms.Krina Thakkar for the petitioners is that even if the case of the prosecution is accepted substantially on facts, even then, there is no element of abetment within the meaning of sec.107 of IPC emerging and, therefore, the petitioners can not be said to be "abettors" in the commission of the offence punishable under Sec.306 of IPC. The person who has committed suicide namely Rayeshbhai, at the relevant point of time, was serving as Bus Conductor with Gujarat State Road Transport Corporation (hereinafter referred to as GSRTC for short) and undisputedly, both the petitioners were serving as Asstt. Traffic Inspectors with GSRTC (Amreli Division).