PRABHUDAYAL AHIRWAR Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner seeks his discharge in S. T. No. 281/2001, pending in the Court of Second A. S. J. , Tikamgarh, wherein a charge for offence punishable under Section 306/34, IPC is framed against him.

(2.) AS per prosecution, on 29-4-1998, at about 1. 00 A. M. , Maniram Ahirwar and his wife Renka Ahirwar, quarrelled with deceased Munnalal Sahu. In quarrel, Renka gave him beating with Chappal, on his asking to pay price of ice. Thereafter, Maniram, Chhuttu alias Chotelal, went to the shop of Munnalal Sahu under the state of intoxication at about 8-9 P. M. and hurled abuses on Munnalal, on account of which, he committed suicide, in night by throwing himself on railway track.

(3.) BEFORE recording opinion on the facts of present case, it is useful to quote following para's of Sanju @ Sanjay Singh Sengar v. State of M. P,, reported in 2002 Cr. LJ page 3796 :-9. In Swamy Prahaladdas v. State of M. P. and Anr. , 1995 Supp (3) SCC 438, the appellant was -charged for an offence under Section 306, IPC on the ground that the appellant during the quarrel is said to have remarked the deceased "to go and die" This Court was of the view that mere words uttered by the accused to the deceased "to go and die" were not even prima facie enough to instigate the deceased to commit suicide.