PREMCHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally with consent.

(2.) As per prosecution story, on 25/4/2023 deceased Dhanraj committed suicide by consuming poisonous substance. Complainant Chandulal lodged an FIR at police station Javad by stating that deceased has given Rs.27.00 Lakhs to petitioner /accused Premchand for purchasing agricultural land, but he managed to executed the registered sale deed only in the name of Premchandra and did not return the amount of Rs.27.00 Lakhs alongwith interest. The petitioner mentally and physically harassed the deceased for non payment of amount and committed cheating with him, due to which deceased had committed suicide. Soon before his death, deceased informed Ramesh about cheating committed by petitioner with him by mentioning that he is committing suicide due to said conduct of petitioner. Accordingly offence has been registered against the petitioner.

(3.) Learned counsel for petitioner contended that mere demand of borrowed amount cannot be considered as abetment of suicide. The impugned order passed by the trial court is contrary to law and facts and the material available on record and in the suicide note no incriminating material has been found against the present petitioner except the omnibus allegation. Nothing on record to show that prior to incident petitioner has instigated or provoked the deceased to commit suicide. Hence he prays that the impugned order be set aside and petitioner be discharged from all charges.