NIRMAL JAIN Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this revision against the order dated 13.12.2006 passed by the Special Judge, Damoh, in Sessions Trial No. 157/2006, framing the charge under section 306 of the Indian Penal Code against them.

(2.) LEARNED counsel for the petitioners submits that, prima facie, on the facts and evidence as adduced by the prosecution in the case, no offence under section 306 of the Indian Penal Code is made out against the petitioners. There is absolutely no evidence to infer that petitioners in any manner instigated, aided or provoked the deceased to commit suicide. Merely because the petitioners had assaulted the deceased, it cannot be said that they abetted the deceased to commit suicide. Since no ingredient of abetment is found in the facts of the prosecution case, learned trial Court committed error in framing charge under section 306 of the Indian penal Code against the petitioners.

(3.) IN short, the facts of the case are that, on 30.12.2005 when Santosh, son of Gopal (deceased) was riding his cycle, it was dashed by the motorcycle of Ashok. Rim of the cycle was damaged. Ashok apologized and told to Santosh that he would get it repaired. In the meantime, accused Rajneesh reached there and asked Ashok to go home and assured that he would get the cycle of Santosh repaired. When Ashok went to home, accused Rajneesh told that he would spend only Rs. 10 -20/ - for repairs and not more than that. On objection, the accused/petitioners reached there and indulged in altercation. In the meantime, Gopal (deceased) reached at the spot and admonished all the accused persons. Accused persons abused Gopal and grappled him. They also assaulted him. Tarabai reached there and intervened in the quarrel. Gopal left the place of occurrence and went away. Till late night, Gopal did not come back. Even on search, he could not be found out that day. On the next day morning around 7:30 a.m., dead body of Gopal was found hanging with rope on mango tree. On intimation to police, a "marg" report was registered. Dead body was sent for post mortem examination. Doctor who conducted post mortem found circular ligature mark on the neck of deceased. In his opinion the cause of death was asphyxia due to hanging. Police registered the case under section 306/34 of the Indian Penal Code against petitioners and recorded statements of the witnesses.