BHOJRAM AND ANR. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The prosecution case in brief is that each of the accused abetted the deceased Jaianand for committing suicide. The prosecution case in brief is that deceased Jaianand, a resident of Village Sonajari was living with his first cousin Paitram. On 25.7.1996 Dayatam and Jaianand had gone to plough the fields where Jaianand informed Dayaram that he had to recover eight annas (0.50 paise) from the shop-keeper Bhojram, thereafter he went to purchase Gudakhu from the shop of Bhojram where Bhojram and Bhoogdev (the accused persons) earned a fight with the deceased. Seeing all this Dayaram also reached on the spot; Bhoogdev was beating Jaianand by his hands and Bhojram after breaking a stick from some tree gave beating to the deceased, thereafter the deceased was fell on the ground. Dayaram intervened in the matter and after saving Jaianand he brought him to the house. Jaianand informed the incident to the wife of his cousin thereafter Jaianand went out of the house but did not return back. On 29.7.1996 that is almost about 4 days of the first incident the deceased was found hanging. The dead body was seen by number of persons and the matter was reported to the police immediately. The inquest report Ex. P4 was lodged by Santram (P.W. 5). The First Information Report Ex. P/6 after preliminary investigation was recorded by S.N. Sen. After preparing the Panchnamas, obtaining the medical report and recording the statements of the witnesses, the Investigating Agency filed the challan against the accused persons. The learned Trial Court-after hearing the parties convicted the accused persons of the charges. Being aggrieved by the said judgment dated 21.5.1999 passed in Sessions Trial No. 200/96 by the IInd Additional Sessions Judge, Raigarh convicting each of the appellants under Sec. 306 Indian Penal Code and sentencing them to undergo R.I. for ten years, the appellants have filed this appeal.

(2.) Learned Counsel for the appellants submits that even if the facts are taken as projected by the prosecution the same would not make out a case for recording conviction of the appellants for commission of offence punishable under Sec. 306 Indian Penal Code He submits that from the very language of Sec. 306, it would appear that there must be some abetment for committing suicide and as in the present case the evidence is wanting, the Court below was not justified in convicting the appellants. On the other hand, learned Counsel for the State submitted that because of the severe beating given by the accused persons and the manner in which he was beaten publicly, the deceased committed suicide, therefore the accused persons have been rightly convicted for commission of offence punishable under Sec. 306 Indian Penal Code In have heard the parties at length and have perused the records.

(3.) Sec. 306 of Indian Penal Code says that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. For proving commission of an offence under Sec. 306 Indian Penal Code, the prosecution is obliged to prove that somebody committed suicide and somebody had abetted the commission of such suicide.