AMAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally with the consent of the learned Counsel for the parties. This is a petition preferred under Section 397 r/w 401 of Cr.P.C. for quashing the charge under Section 306 of I.P.C. framed vide order dated 26.12.2018 by Additional Sessions Judge, Nagda, District-Ujjain in Sessions Trial No. 160/19.

(2.) Prosecution case in brief is that one Rakesh committed suicide by consuming some pesticide on 2.4.2018. After 3 months of the suicide on 10.7.2018 father approached the police with a written complaint, stating that the petitioners, who are parents-in-law, aunt-in-law and wife of the deceased have instigated his son to commit suicide. The manner and method of instigation mentioned in this written complaint is that wife Pooja was not ready to reside with the deceased and her parents and aunts were supporting her. Even after repeated attempts made by the father of the deceased and the deceased himself, they were not ready to send the wife of the deceased with him. It is further alleged that last time on 30.3.2018, the deceased had gone to his in-law's house to bring back his wife where her parents refused to send her back with the deceased. There was some altercation and in that heated moment, mother-in- law of the deceased uttered that even if he consumes poison, she will not send her daughter with him. The deceased felt insulted and decided to end his life. For the convenience written complaint is referred as under:-

(3.) The statements of the witnesses are on the same line. This is the total evidence, which the prosecution has collected and produced with the charge- sheet. There is no suicide note or dying declaration.