SEEMA AJAJY BHOOSREDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) LEAVE to amend prayer clause of Criminal Application No.621/2011. Amendment to be carried out forthwith.

(2.) RULE. RULE is made returnable forthwith. Heard finally by consent of parties.

(3.) SHRI Mundargi, learned senior counsel appearing for the applicant in Criminal Revision Application No.265/2011 submits that taking allegations in the various statements recorded by the prosecution on its face value, it cannot be said that the prosecution is in a position to point out any act which would amount to instigation, aid or abetment by the applicant to the deceased Sneha to commit suicide. He submits that the material placed on record by the prosecution is not of such a nature which even at, prima facie stage, would establish a mens rea, which is one of ingredients to constitute offence under section 306 of I.P.C. Learned counsel relies on the judgment of the Apex Court in the case of Madan Mohan Singh Vs. State of Gujarat, (2010) 8 SCC 628 : [2010 ALL MR (Cri) 3245 (S.C.)] and in the case of S.S. Chheena Vs.Vijay Kumar Mahajan, 2010 ALL MR (Cri) 3298 (S.C).