ANURAG 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') being aggrieved by order dated 30/10/2017 passed by Sessions Judge, 154/2017 in S.T. No. 574/2017, 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 that from 30/05/2017 to 08/07/2017, on the pretext of marriage the applicant put the deceased-Nisha in the house of one Siyaram at Ekta Nagar, Ujjain, where he committed rape upon the deceased-Nisha. Thereafter, when the applicant refused to marry deceased, then deceased feeling harassed and humiliated committed suicide by hanging herself. On receiving the information regarding the incident the Merg No. 46/2017 was registered by Police Station-Dewas District-Dewas under section 174 of the Cr.P.C., 1973 Dead-body of the deceased was sent for post-mortem. During investigation, applicant and co-accused were arrested and call-details of their mobile phones were collected. Statement of the witnesses were recorded and after completing the necessary formalities, charge-sheet has been filed, and vide impugned order dated 30/10/2017, applicant was charged for an offence under Section 306/34 of the IPC.

(3.) It is submitted by the learned counsel for the applicant that the allegations made against the applicant, 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.