ASHOK KUMAR SAWADIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application filed by the applicants under Section 482 of the Code of Criminal Procedure, for quashing the charge -sheet filed against them and for discharging them of an offence registered against them under Section 306 readwith Section 34 of the Indian Penal Code.

(2.) THE prosecution case is that on 25.5.2000 the applicants Ashok Kumar, Rajendra Kumar and Mohanlal were playing carom with the deceased Virendra Kumar. During the course of play there was quarrel between the applicants and the deceased Virendra Kumar. It is said that applicants Nos. 1 and 2 beat Virendra Kumar by means of fists cuffs and the applicant No. 3 exhorted them to give him a beating. It is alleged that as a consequence of beating, Virendra Kumar committed suicide and left a suicidal note stating that all the accused persons used to beat him in private and also publicly. No one from his house was in a position to retaliate. The deceased could not bear public humiliation and, therefore, he was committing suicide.

(3.) THE result is that the applicants are not liable to be chargesheeted under Section 306 of the Indian Penal Code. Accordingly, they are discharged from the offence under Section 306 of the Indian Penal Code registered against them in Criminal Case No. 69/2000, pending before the Judicial Magistrate First Class, Sakti, District Janjgir -Champa (M.P.).