P RAM MURTHY Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) Sri P.Umamaheswar was a resident of Kondapeta, Dhone. He was doing mining business and having incurred heavy debts he left Dhone and undertook contracts at Thirunalvelli. It is alleged that he supplied 'napa' slabs stones to the petitioner herein worth around Rs. 63,000.00 and in spite of the repeated requests, the petitioner who was the accused failed to pay the amount. It is further alleged that as the said Uma Maheswar is unable to pay back debts incurred at Dhone disgusted with the life, poured petrol on his person on 29-4-99 and committed suicide. Thereafter, a case was registered under Section 306 IPC against the petitioner stating that he was responsible for committing suicide by P. Umamaheswar. The police have investigated the case and filed the charge-sheet and the same is numbered as PRC 20/2000 by the learned Judicial First Class Magistrate, Kurnool. These proceedings are being assailed by the petitioner under Section 482 Cr.P.C.

(2.) It is mainly contended by the learned counsel for the petitioner that the act of the petitioner towards the said Umamaheswar cannot amount to inducement, or abetting or aiding the commission of an offence of suicide. Reliance is also placed by the learned counsel for the petitioner in a decision reported in V. Shankaraiah v. State of AP. and also another decision reported in Swamy Prahladdas v. State of M.P. and another.

(3.) Before adverting to the said contentions, it is necessary to have a glance at Sections 306 and 107 IPC. Sections 306 and 107 IPC read as follows : 306.