STATE OF MAHARASHTRA Vs. MILIND DAYABHAI BABRIA

JUDGEMENT

(1.) THIS appeal filed by the State of Maharashtra challenging acquittal of the accused under section 305 of I. P. C. in Sessions case No. 529 of 1992 by the order dated 23/07/1999. In this case the father of the deceased has addressed a communication to the Hon'ble the chief Justice requesting for an urgent hearing of this appeal against acquittal. Looking to his age, the appeal was directed to be heard expeditiously and so it is disposing of today.

(2.) WITH the assistance of the learned A. P. P. , we have scrutinised the record and reappreciated the evidence on record. The prosecution story as revealed by our reappreciation of evidence is that on 27/03/1991 in the night one person was killed under the train bearing local No. 772-up. He was of 25 years of age. Therefore panchanama of the body and spot was taken out, which is duly exhibited as Exhibit 14. In the pocket of the victim there was chit stating that the victim has committed suicide because he was threatened to be killed by the accused. It is the case of the prosecution therefore that the accused has abetted the commission of the suicide by the victim and he is therefore liable to be punished under section 305 of I. P. C. The claim of the prosecution is that the accused used to threaten the victim and therefore, the victim committed suicide. He is therefore liable to be convicted under section 305 of I. P. C. Section 305 I. P. C. reads thus:

(3.) IT will therefore, be seen that in order to hold guilty under this section, the prosecution must prove the following: 1. That the victim is under 18 years of age i. e. minor, or 2. is an insane person, or 3. is a delirious person, or 4. is a idiot person, or 5. is an intoxicated person.