(1.) This application under Section 482 of Cr.P.C. has been filed for quashing the FIR in Crime No.471/2017 registered at Police Station Mungawali, District Ashoknagar for offence under Sections 294 , 306 , 34 of IPC.
(2.) The necessary facts for the disposal of present application in short are that on 13/10/2017 at about 5:40 PM the deceased Shivcharan resident of Malhargarh died during treatment, as he had consumed sulphas pills. According to the prosecution case, at 5:00 PM Ramsakhibai W/o Babulal Rai, aged about 75 years, came to the police outpost and informed that Shivcharan was being harassed by Rampravesh, Sunita, Raghvendra and Suresh Gupta (applicant) because of some money dispute and they were trying to grab his house and the shop and today also he was harassed by them, therefore, a short-while ago he has consumed sulphas pills, which were kept in the shop and he is also coming to the police outpost. The said information was written in the Rojnamchasanha and it was also mentioned in the Rojnamchasanha that the deceased Shivcharan was also seen coming to the police outpost. The deceased Shivcharan also reached to the police outpost and an another Rojnamchasanha was written at 17:05 PM to the effect that the deceased Shivcharan came to the police outpost and informed that as he was under oppression and, therefore, he has consumed sulphas pills. As his physical health was deteriorating, therefore, for immediate treatment and recording of dying declaration, the victim was sent to the CHC Hospital alongwith police constables. At the request of the police authorities, the doctor recorded the dying declaration of the deceased, which is as under:- ...[VARNACULAR TEXT OMITTED]...
(3.) It is submitted by the counsel for the applicant that even if the entire dying declaration is accepted, then it cannot be inferred that the applicant in any manner had abetted the deceased to commit suicide, as the ingredients of Section 107 of IPC are not there.
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