SITARAM TIWARI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this application under section 482 of the Cr.P.C., 1973 for invoking the extra ordinary jurisdiction of this Court and to quash the F.I.R., in Crime No. 921/17, wherein FIR has been registered against the petitioner-Sitaram Tiwari for offence under Section 306 of I.P.C. at police station, Panagar, District Jabalpur.

(2.) As per the prosecution story Madan Lal was a retired Government employee committed suicide on 29.06.2016 by consuming poison (insecticide). It is alleged that he had obtained loan of Rs. 2,00,000/- from the petitioner. It is alleged that the petitioner had got an agreement of Rs. 6,00,000/- executed by him for sale of his agricultural land. It is also alleged that in the agreement, it was mentioned in the agreement that the consideration is Rs. 7,00,000/- out of which Rs. 6,00,000/- has been received by Madan Lal and Rs. 1,00,000/- will be paid at the time of registration. The deceased refunded the loan amount even then the petitioner was claiming that he has not returned the amount. It is also claimed that the deceased was paying Rs. 10,000/- from his pension per month to the petitioner yet the petitioner was claiming compound interest and was demanding Rs. 5,00,000/-, therefore, due to the mental and physical harassment caused by the petitioner, the deceased committed suicide. Police Station, Panagar registered Crime No. 921/17 for offence under Section 306 of the I.P.C. and the post mortem report dated 29.06.2016, reveal that cause of death can be established after chemical examination of viscera. The F.S.L. report from Sagar dated 20.02.2017 reveal that aluminium phosphide was found in the viscera. Therefore, it has been found that the deceased died due to the insecticide/pesticide. The deceased left a "suicide note" in which he has mentioned that the petitioner was harassed by petitioner Sitaram. Deceased Madan Lal had obtained loan of Rs. 2,00,000/-. Deceased paid Rs. 10,000/- every month from his pension. Even then he has made him executed agreement of sale of his land for 6,00,000/-. Because of the same, he had made letters to higher authorities and is now ending his life. The statement of the witnesses indicate that the deceased obtained loan from the petitioner, because of the loan he was under tense. The petitioner harassed him, therefore, he consumed insecticides and committed suicide.

(3.) For better understanding of the provisions of Section 306 of IPC is reproduced it read as follows:-