DINKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for final disposal with consent of learned counsel for the parties. The present applications are arising out of Crime No. 79/2012, dated 8.7.2012, registered at Neknoor Police Station, District Beed under Section 306 read with Section 34 of the Indian Penal Code, 1860 (I.P.C. for short) and Section 32-B of the Bombay Money Lenders Act.

(2.) The F.I.R. was filed by Sangita Janardhan Shinde, wife of deceased Janardhan Shinde, against 15 persons. The F.I.R. claims that, the deceased was running a Hari Mauli Balak Ashram for which earlier there was Government grant, but subsequently, the grant was stopped. The deceased, however, wanted to continue with the Balak Ashram and raised money by selling his property and later on, even took hand loans from private money lenders (Khajgi Savkar). She claimed that, as the loan amount increased and also day-to-day expenses went on increasing, it became difficult to return the money and subsequently, there was nobody even to lend money on the house. The deceased had become sad. The people, who had lent money were asking for return of the same and even insulted the deceased. Subsequently, on 3.7.2012, Janardhan Shinde had gone out of the house and later on it was learnt that he had consumed poison and committed suicide. Thus, the private money lenders were responsible for the death as they were constantly asking back their money with interest and insulted the deceased.

(3.) The learned counsel for the applicants submit that, even if the F.I.R. is taken as it is, offence of abetment to commit suicide, under Section 306 of I.P.C. is not made out. F.I.R. does not show anything that the applicants were doing money lending business. Only because for a cause various persons helped deceased with money does not make it money lending business by all such persons.