MALKHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission. Admit. With the consent of the parties, the matter is heard finally at motion stage.

(2.) THIS revision has been preferred by the appellants under Section 397/401 of Code of Criminal Procedure, 1973, against the order dated 6-5-2010 passed by VIth Additional Sessions Judge (Fast Track) Lahar, District Bhind in Sessions Trial No. 280 of 2009 whereby, charge under Section 306, IPC has been framed against the applicants.

(3.) LEARNED Counsel for the applicants placed reliance on the citation Surendra Jain Vs. State of M.P., 2007 (I) MPWN 85, in that case, it was observed that act of accused was not fully falling in any of the three categories enumerated under Section 107, Cr.PC, hence, charge cannot be framed. Further reliance is placed on the citation Radha (Smt.) Vs. State of M.P., ILR (2008) MP 3333, in which, it is held that abatement of suicide under Section 306, IPC involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. More active role which can be described as instigating or aiding doing of a thing is thus required before a person can be said to be abetting suicide. Cruel or insulting behaviour cannot be taken an act of abetting suicide. Relying on these citations, it is submitted that the prima facie no case is made out under Section 306, IPC against applicants as there is no evidence that the applicants instigated deceased to commit suicide.