RAJNISH PANTHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been preferred by the petitioners under Sec. 482 of Cr.P.C. for quashing of FIR registered at Crime No.172/2015 at Police Station Tyonda, Distt. Vidisha for the offence punishable under Sec. 306/34 and 120-B of IPC and its subsequent criminal proceedings.

(2.) Brief facts of the case are that on 20/2/2015, some altercation took place between the deceased- Maharaj Giri, Sachin Giri, Krishangopal Das and accused- Goverdhan Sharma and his brothers for which FIR was registered. Thereafter, accused persons started threatening them to kill, due to which, deceased- Maharaj Giri, Sachin Giri, Yashoda Bai, Poonam Giri committed suicide by hanging themselves collectively. Thereafter, Merg Nos.28, 29, 30, 31/2015 under Sec. 174 of Cr.P.C. were recorded. Thereafter, FIR bearing Crime No.172/2015 was registered for the offence under Sec. 306 and 34 of IPC against the present petitioners.

(3.) Learned counsel for the petitioners contended that prima facie o n the facts and evidence as adduced by the prosecution in the case, no offence under Sec. 306 of the IPC is made out against the petitioners/accused as there is no evidence on record to show that the petitioners in any manner instigated, aided or provoked the deceased to commit suicide. Learned counsel for the petitioners has relied upon the judgments passed by the apex Court in the case of Netai Dutta v. State of West Bengal [(2005) 2 SCC 659] and Sanju @ Sanjay Singh Sengar v. State of M.P. [(2002) 5 SCC 371] and contended that the petitioners have not committed any willful act or omission or intentionally aided or instigated the deceased in committing the act of suicide. There is no case that the petitioners have played any part or any role in any conspiracy which ultimately instigated or resulted in the commission of suicide by deceased.