AMJAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition preferred under section 397 read with section 401 of the Criminal Procedure Code, 1973 (hereinafter, for short, 'the Code') calls in question the legality, propriety and correctness of order dated 19/02/2018 passed by learned VIth Additional Sessions Judge, Ujjain District-Ujjain in S.T. No. 588/2017, whereby charge for offence under section 306 of the IPC has been framed against the applicant.

(2.) The facts of the case are in brief are that on 24/05/2017, deceased-Mansoor Patel committed suicide by hanging from a tree. On the basis of merg intimation case was registered against the applicant. During investigation statement of deceased-wife-Rukshsana Bi, deceased-mother-Mehraj Bi, deceased-father-Hazi Sher Mohammad and deceased-brother-Ashiq have been recorded under section 161 of the Cr. P.C., 1973 where in they deposed that deceased has borrowed Rs. 50,000/- from the applicant for 8 days. The allegation against the applicant is that he pressurized the deceased with regard to repayment of loan amount, therefore, deceased, feeling insulted, harassed and humiliated, committed suicide. On the basis of statement of deceased-wife, mother, father and brother recorded under section 161 of the Cr. P.C., 1973 the applicant has been prosecuted for offence under Section 306 of the IPC.

(3.) It is submitted by the learned counsel for the applicant that the allegation made against applicant by the deceased-wife, mother, father and brother, even if accepted in their entirety, do not make out a case under section 306 of the IPC. It is submitted that to constitute abetment within the meaning of Section 107 read with Section 306 of the IPC, there should be instigation, provocation, incitement, suggestion, persuasion or goading to commit suicide and that, the accused must have intended that the deceased commits suicide. Reliance in this regard has been placed on Sanju @ Sanjay Singh Sengar v. State of Madhya Pradesh, AIR 2002 S.C. 1998 and Ramesh Kumar v. State of Chhatisgarh, (2001) 9 SCC 618.