STATE OF M.P. Vs. SURESH AND OTHERS

JUDGEMENT

(1.) Both these Miscellaneous Criminal Cases have been filed seeking leave to appeal under the provisions of Section 378(3) Cr.P.C. being aggrieved by judgment dated 11.11.2017 passed by the Court of Sessions Judge, Vidisha in Sessions Case No.220/2017 acquitting the accused persons under the provisions of Sections 306 , 504 and 506 Part -I of IPC . As per the petitioners' brief facts of the case are that the deceased Shivam Rajak was having some affair with a girl which was not to the liking of the family of the said girl and, therefore, Shivam Rajak was called to the house of that girl by her father and brother. They asked him to apologize to the girl and touch her feet and not to show any indulgence in future.

(2.) It is mentioned in the prosecution story that Shivam Rajak was so humiliated that he committed suicide and, therefore, a case was registered under the provisions of Sections 306 , 504 and 506 Part -I of IPC .

(3.) Learned counsel for the petitioners submit that in fact all the ingredients of abetment as are mentioned in Section 107 IPC are available in the present case yet the learned Sessions Court has recorded acquittal. It is submitted that as per the statements of PW-1 Ashish Rajak, he has categorically deposed that Shivam is son of maternal uncle. He had visited his house at about 9 P.M. alongwith Aman and had informed that the accused persons were calling him to their residence. Thereafter, Shivam, Aman, Manoj and mother of Ashish namely Narbatibai along with the witness Ashish had reached the house of the accused persons where Shivam had gone inside the house and other party stood out side. They heard noise of abuses and also heard insistence of the accused to touch the feet of the girl in the house. It is also mentioned in the deposition that both the accused persons had beaten the girl as well as Shivam. It is also mentioned that Shivam was asked to go and die else he was threatened with death. As a result, it is submitted that Shivam committed suicide.