RAMESH SOMESHWARRAO TAYDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard finally with consent of counsel for the parties.

(2.) This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicants who have been named in Crime No. 314 of 2015 registered at Chandur Bazar Police Station, Taluka and District Amravati for the offence under provisions of Section 306 read with Section 34 of the Indian Penal Code (for short the Penal Code). The applicants seek quashing of said First Information Report.

(3.) It is the case of non -applicant no.2 who was the father of one Purushottam that his joint family was possessing various agricultural lands. Some land was standing in the name of his son Purushottam. However, due to drought conditions said Purushottam had taken loan of Rs. 4,50,000/ - from a bank which had not being repaid. On 07.10.2015 at about 6 P. M. the son of non -applicant no. 2 came home and was found to be tense. Said Purushottam told the non -applicant no. 2 that he had borrowed an amount of Rs. 20,000/ - from the applicant no. 2. In lieu thereof he had given a blank cheque as well as a blank stamp paper valued at Rs. 100/ -. Though the borrowed amount was repaid, the cheque and stamp paper were not returned. On the contrary one Nilesh Bhetalu issued a notice to the son of the non -applicant no.2 stating therein that an amount of Rs. 70,000/ - for which the cheque had been issued was due and payable. According to the non -applicant no.2 his son further told him that when he went to Chandurbazar the applicants along with said Nilesh Bhetalu had given him threats of life and had stated that they would approach the Court of law. Purushottam therefore told the non -applicant no.2 that there was no other option left but to commit suicide. Though the non applicant no. 2 tried to apl865.15 find reason with his son, at about 8 P. M. on the same day his son consumed poison resulting in his death. According to the non -applicant no.2 even prior to his death his son had stated that on account of fear and harassment by the applicants and said Nilesh Bhetalu he had consumed poison. This report was lodged by the non -applicant no. 2.