BABBI ALIAS JITENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONERS have filed this revision against the order dated 20. 11. 2006, passed by Second Additional Sessions Judge, Chhindwara, in sessions Trial No. 36/2006, framing the charge under Section 306 of 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 Indian Penal Code is made out against the petitioners, as 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 grabbed the money of deceased and had assaulted him, 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 Court committed error in framing charge under Section 306 of Indian Penal Code against the petitioners.

(3.) LEARNED counsel for the State, on the other hand, submits that the deceased had committed suicide because his money had been held up by the accused Babbi and when he demanded his money back, he was assaulted, due to which, he committed suicide by drowning in the well. Since the deceased committed suicide due to the conduct of the petitioners, the trial Court did not commit any error in framing charge under Section 306 of Indian Penal Code.