LAWS(BOM)-2021-11-318

SHRI YUVRAJ SHINDE Vs. STATE OF GOA

Decided On November 16, 2021
Shri Yuvraj Shinde Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) The applicant (original accused) is aggrieved by order dtd. 17/3/2021 passed by the Court of Additional Sessions Judge, Mapusa, whereby the said Court rejected the arguments raised on behalf of the applicant, as regards framing of charge under sec. 306 of the Indian Penal Code (I.P.C.) and directed him to answer charge for the said offence.

(2.) A First Information Report (FIR) dtd. 21/6/2017 was registered against the applicant for offence under sec. 306 of the I.P.C. for having abetted suicide of the victim. The victim committed suicide on 7/6/2017. The FIR was lodged by the sister of the victim, claiming that the applicant was in a relationship with the victim and since he ditched her and married another girl, the victim was driven to commit suicide.

(3.) Pursuant to registration of the FIR, investigation was completed and charge sheet was filed on 18/5/2018 for the offence under sec. 306 of the I.P.C. At the stage of framing of charge, it was contended on behalf of the applicant that even if the material that had come on record pursuant to the investigation was to be taken into consideration, ingredients of the offence under sec. 306 of the I.P.C. were not made out and that therefore, the applicant deserved to be discharged and no charge could be framed against him for the said offence.