SANTOSH NATHUMAL GOENKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are facing trial, being Sessions Trial No. 1/2007 in the Court of Principal Sessions Judge, Akola under Section 306 read with Section 34 of the Indian Penal Code. The learned Principal Sessions Judge has framed charge under Section 306 of the Indian Penal Code against the applicants on 18.04.2009. The applicants have approached this Court with a view to have the said order dated 18.04.2009, quashed and set aside and impliedly for quashing of charge sheet.

(2.) Few facts necessary for the disposal of this application are as under.

(3.) With the assistance of learned Advocates for both the sides, I have perused the charge-sheet. According to the complainant Shobha, the present applicants and two others had harassed the deceased on account of various money transactions and had even obtained certain cheques. As the said cheques got dishonoured, cases under Section 138 of the Negotiable Instruments Act were filed. According to Shobha, on account of constant demands and other stand taken by the present applicants and two others, deceased felt harassed and committed suicide. It is seen that suicide note is recovered in the course of investigation. Perusal of the said note goes to show that the deceased was conscious of the various facts about his financial conditions and that he had reached the state-of-mind that suicide should be done. In the course of investigation, statements of son of the deceased namely Abhishek was recorded. Learned Advocate Mr. Kale had pointed out that that the statement of Abhishek goes to show that moneys, which were due and payable to the applicants and two others were already paid and thus the applicants and despite that two others were harassing the deceased.