PREM BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This M.Cr.C. has been filed under Sec. 482 of Cr.P.C. for quashment of proceedings pertaining to crime No.382/2017 for offence under Sec. 306 of IPC/ST No.6/2018 pending in the Court of Additional Sessions Judge Pipariya, District Hoshangabad.

(2.) Learned counsel for the petitioners submits that in the instant case, one Ramkunvar Bai aged 70 years committed suicide in the intervening night of 20-21/09/2017 and merg intimation was given by deceased's son Liladhar. Allegations against present petitioners are that one-two months prior to the suicide committed by deceased, present petitioners circulated a rumor to the effect that deceased had killed one calf (Bachhda). With respect to aforesaid, learned counsel for the petitioners has referred to statements of Liladhar, Narmada, Laxminarayan and Seema. It is also urged that even if prosecution case is accepted in toto, no offence under Sec. 306 of IPC is made out as ingredients constituting offence under Sec. 306 of IPC are not prima facie, established from evidence on record. Hence, petition filed by the petitioners be allowed and proceedings pending in the Court of Additional Sessions Judge, Pipariya, Hoshangabad with respect to crime No.382/17 for offence under Sec. 306 of IPC/ST No.6/18 be quashed.

(3.) Learned counsel for the respondent No.1/State submits that from statements of Liladhar and other witnesses, prima facie offence under Sec. 306 of IPC is clearly made out against petitioners. Hence, no ground for quashment is made out. Therefore, petition filed by the petitioners be dismissed.