KAMLESH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision preferred under Section 397 read with Section 401 of Cr.P.C. calls in question the legality, propriety and correctness of order dt. 22.9.2017 passed by the learned Additional Sessions Judge District Dhar, in S.T. No. 242/2017 whereby charge under Section 306 in alternate under Section 306 / 34 has been framed against the petitioners.

(2.) Matter relates to alleged suicide committed by one Dharmendra, on 7.5.2017. Allegation against the petitioners is that on 5th of May, 2017, petitioners along with one Deepak, assaulted the deceased by fists. The further allegation is that they were putting him to harassment for last 2-3 months on petty matters. As per prosecution, after being assaulted Dharmendra, consumed some insecticide and though he was taken to the Hospital however, he breatheded his last on 7th May, 2017.

(3.) Learned Counsel for the petitioner referring to a number of decisions rendered by Hon'ble apex Court as well as this Court has contended that even if the entire prosecution story as such it is accepted still prima-facie a case for abatement to commit suicide is not made out against the petitioners because what is alleged against the petitioner's is assault of the deceased and the further allegation is with regard to the harassment, however, assault or harassment by itself cannot amount to abatement to commit suicide. The contention is that to constitute abatement within the meaning of Section 306 read with . There must be active encouragement, persuasion or instigation for committing suicide which is not there in the present case. Lastly, it is submitted that the learned Trial Court while framing the charge has not examined all these aspects and has mechanically framed the charge therefore, the impugned order is, not sustainable.