PRAHLAD DAS CHELA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision application is directed against the order dated 16-12-1993, passed by the IIIrd Additional Sessions Judge, Jabalpur, in Sessions Trial No. 111 of 1993, whereby cognizance under S. 193 of the Code of Criminal Procedure for an offence under S. 306 of the Indian Penal Code was taken against the applicant, for suggesting suicide to the deceased Shiv Kumar.

(2.) The prosecution case which has given rise to this revision application is that the applicant and Shiv Kumar since deceased both were in love with one Sushila Bai wife of Megraj Thakur. On 13-6-1992 there was quarrel between the applicant and Shiv Kumar, the two paramours of Sushila Bai over keeping her. In course of the quarrel the applicant said that the matter would be finally settled on the very same day and he taunted at the deceased to go and die. Sushila Bai is also alleged to have taunted at the deceased in the same words. Sometime thereafter Shiv Kumar committed suicide on account of frustration and incitement.

(3.) The report of the incident was lodged at the police station on the very same day. The police after investigation sent up Sushila Bai to face trial for the offence under S. 306 of the Indian Penal Code. After the cognizance and commitment the case came up for disposal before the IIIrd Additional Sessions Judge, Jabalpur. The learned trial Judge on the application filed by the prosecution passed the impugned order taking cognizance against the applicant under S. 193 of the Code of Criminal Procedure for an offence under S. 306 of the Indian Penal Code.