SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) THESE petitions seek the exercise of extraordinary jurisdiction under section 482 of Criminal Procedure Code and to call for the records in Crime No. 558 of 2007 pending investigation on the file of the 1st respondent and quash the same as against the petitioners.

(2.) ONE Arjun Singh died on 29. 08. 2007 at 4. 00 p. m. , seemingly due to hanging. He had left a note in his pocket. On the strength thereof, the case which originally was registered by the first respondent police under Sections 174 of Cr. P. C stands altered to 306 I. P. C. The petitioners before this Court are the 1st and 2nd accused.

(3.) MR. SRIRAMULU, learned Senior Counsel for the petitioners took this Court through the provisions of Section 107 IPC and several decisions on what would constitute abetment and what would not. The learned Senior Counsel contended that unless the abetment as understood under the law stands established, no offence under Section 306 I. P. C which provides for abetment of suicide and punishment therefor would stand attracted. Useful reference may be had to the relevant portions of some of the citations relied upon by the learned Senior Counsel. In the case of Sohan Raj Sharma v. State of Haryana (2008) 2 MLJ (Crl) SC 647: