MANOJ SINGH 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 24/10/2017 passed by XIII Additional Sessions Judge, Indore 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 on 21/11/2016 in Govt. Higher Secondary School, Double Chowki, one Ajju @ Ajay Thakur slapped one girl Suvidha, regarding this incident a Crime No. 390/2016 was registered at Police-Chowki-Double Chowki, Police Station-Barotha for the offence under Sections 294, 323 and 506 of the IPC against Ajju @ Ajay Thakur and deceased-Ajit Singh. Ajit Singh was one witness of the alleged incident and applicant-Manoj used to threatened him for not giving evidence against Ajju @ Ajay Thakur,therefore, the deceased, feeling humiliated and harassed, committed suicide by consuming poisonous substance. On the basis of P.M. report, dying declaration of the deceased and statement of his father-Lakhan Singh, Maternal Uncle-Shekhar, Maternal Grand-father-Dhansingh Crime No. 36/2017 for offence under Sections 305, 195-A and 506 of the IPC has been registered against the applicant, thereafter, the trial Court has framed the charge for offence punishable under section 306 of the Cr.P.C., 1973

(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.