DEEPAK DHAKAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition has been preferred, under sections 397/401 of the Cr.P.C., against the order dated 26/7/2018 pased by learned I Additional Sessions Judge, Guna in S.T. No. 83/2018, whereby charge has been framed against the petitioners for the offence punishable under section 305 read with 34 of the IPC.

(2.) Prosecution story, in short, is that initially a complaint for the offence punishable under section 306/34 of the IPC was lodged on the basis of the fact that Vanshika (since deceased) and petitioner no.1 Deepak had an affair and petitioner no.1 had assured her that as soon as she turned 18, they would get married. However, family members of Deepak were not ready for such marriage and said that if Vanshika wanted to die, she could die. As a result, Vanshika, leaving behind a suicide note, committed suicide by hanging in her house. On the basis of the aforesaid, FIR was registered at Crime No. 214/2017 at Police Station Jamner, District Guna for the offence punishable under section 306/34 and after completion of investigation charge- sheet was filed. Thereafter, the learned trial Court framed charge under section 305/34 of the IPC finding the deceased to be less than 18 years of age.

(3.) Learned counsel for the petitioners vehemently argued that even if the allegations levelled in the charge-sheet are taken to be true, then also no offence would be made out against the petitioners since ingredients of section 107 of the IPC are not attracted to the fact situation in hand. There is not even an iota of evidence available on record to convict the petitioners, nor, there is any direct evidence to show that there was any instigation or conspiracy, as a result whereof deceased had committed suicide. Even the suicide note only postulates that there was a love affair between petitioner no.1 and the deceased and when family members of petitioner no.1 were not ready for the marriage, she has committed suicide. As such, the petitioners cannot be said to have abetted such an act and therefore, they are liable to be discharged.