RAMCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners are facing trial for offence under Section 306 r/w Section 34 of the Indian Penal Code alongwith other co-accused persons in S. T. No. 40/1995, which is pending before the I Additional Sessions Judge, Mandla. Charges as above have been framed against the accused-petitioners.

(2.) THE facts leading to the present case are that deceased Mehboob was a tenant and residing at Mahantwada, District Mandla. It is alleged that on account of dispute between the children, the accused-petitioner No. 1 Ramchandra lodged a report at P. S. Mandla. P. S. Mandla used to call the deceased Mehboob at the police station frequently. The deceased felt harassed on account of such frequent calls. He suspected the accused-petitioners and other co-accused were responsible for harassing him in the above manner. His wife left the village alongwith his children. The deceased committed suicide by drowning himself in the river. A suicidal note was found in his pocket in which he named the persons, including that of petitioners, who used to harass him, due to which he was led to commit suicide.

(3.) THE learned Counsel for the petitioners has urged that there is no evidence that the accused-petitioners abetted commission of suicide by the deceased. The allegations in the suicidal note regarding harassment are non-specific and vague. Moreover, the calling of the deceased by the police at the police station for inquiry was not on account of the petitioner. It has also been urged that some of the co-accused Kodulal and Kandhilal, who were also named in the written suicidal note have been discharged by order dated 22. 10. 1997 in Criminal Revision No. 588/1995. It is submitted that the petitioner's case is on similar footing to that of the said discharged accused Kodulal and Kandhilal.