SARMANBHAI LAXMANBHAI RAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.L.B. Dabhi waives service of Rule on behalf of the respondent-State. Learned advocate Mr.Chintan Popat waives service of Rule for private respondent-original complainant. The application was taken up for final consideration today.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-05 of 2017 registered with Maliya Hatina Police Station, Junagadh on 21st January, 2017 against the present applicants-accused for the offences under Sections 306, 504, 114 and 406 of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) What could be gathered from the allegations in the First Information Report noted hereinabove is that the deceased was instrumental in lending money to Sanjaybhai. This lending took place prior to about eight months from the date of the alleged incident. When the deceased wanted to get back the money, as per the allegations, the accused persons used to exert threat, because of which the deceased committed suicide. It is in this context and premise of allegations that the offences under Section 306 of the Indian Penal Code has been alleged.