OMPRAKASH TRIPATHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition preferred u/s. 482 of the Criminal Procedure Code, 1973 (hereinafter, for short, 'the Code') for quashment of FIR and charge-sheet of Crime No. 834/2016 registered at Police-Station-Station Road, Ratlam for the offence punishable under Section 306/34 of the IPC, which is pending before the Court of 3rd Additional Sessions Judge, Ratlam.

(2.) The facts of the case are in brief that on 23/10/2016 at about 8:00 a.m. Dhruvlal (deceased) committed suicide by consuming some poisonous substance. On receiving the information regarding the incident the Merg No. 53/16 was registered by Police Station-Station Road District-Ratlam under Section 174 of the Cr.P.C. Dead-body of the deceased was sent for post-mortem. During investigation it was revealed that deceased borrowed Rs. 28 Lacs from the applicant and other co-accused persons and the same was repaid by him by selling his agricultural land but despite that he was subjected to ill treated by the applicant and other co-accused persons and they demanded interest @ 20% on the aforesaid amount from him and they were filed cases under Section 138 of the Negotiable Instruments Act against him, due to which feeling harassed he committed suicide by consuming poisonous substance. Thereafter, applicant and co-accused persons were arrested. Statement of the witnesses were recorded and after completing the necessary formalities, charge-sheet has been filed against the applicant for the offence punishable under Section 306/34 of the IPC, which is pending before the Court of 3rd Addtional Sessions Judge, Ratlam in S.T. No. 79/2017.

(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 u/s. 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 Vs. State of Madhya Pradesh, AIR 2002 S.C. 1998 and Ramesh Kumar vs. State of Chhatisgarh, (2001) 9 SCC 618.