KAILASH CHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANTS have filed this revision against the order dated 20.1.2007 passed by Special Judge (Atrocities), Damon, in Sessions Trial No. 215/ 06, framing charge against them under section 306 of the Indian Penal Code.

(2.) LEARNED counsel for the applicants submits that prima facie on the facts and evidence adduced by the prosecution in the case, no offence under section 306 of the Indian Penal Code is made out against the applicants. Counsel submits that there is absolutely no evidence on record to infer that applicants in any manner instigated, aided or provoked the deceased to commit suicide. Merely because applicants chastised the deceased accusing her that she committed theft of their ornaments, she committed suicide, it cannot be said that they abetted the deceased to commit suicide. Since no ingredient of abetment is borne out from the facts of the prosecution case, learned trial committed error in framing charge under section 306 of the Indian Penal Code against the applicants.

(3.) IN short, the facts of the case are that Smt. Laxmi Bai used to do the work of cleaning utensils at the house of accused. Since last two months before the occurrence, her daughter Gudiya, aged about 18 years (deceased), also started working in their house. She used to clean the house. About a week before the occurrence, mother of applicant No. 1 died. Relatives of applicants came to their house. After working in the house Gudiya went away. After some time applicant Arpana Nakra went to the house of Gudiya and told her that she had committed theft of ornament in her house. She took Gudiya to her house and beat her there. Laxmi Bai, mother of Gudiya, asked her not to beat her. Thereafter Gudiya went back to her house and set fire to her after pouring kerosene.