KAMAL @ KATORA AND OTHERS Vs. STATE OF M.P.
HIGH COURT OF MADHYA PRADESH
Kamal @ Katora And Others
STATE OF M.P.
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(1.) This petition preferred under section 397 read with section 401 of the Criminal Procedure Code, 1973 (hereinafter, for short, 'the Code') calls in question the legality, propriety and correctness of order dated 27.11.2017 passed by learned 1st Additional Sessions Judge, Mhow, District Indore in S.T. No. 57 of 2017, whereby charge for offence under section 306 of the IPC and Section 3/4 of M.P. Protection of Debtors Act, 1937 have been framed against each of the applicants.
(2.) The facts of the case are in brief are that on 03.08.2017, an FIR was lodged by one Mukesh S/o Bhagirath Chowdhary, that he alongwith his father, mother, uncle-Devkaran and aunty went to the field in the morning at about 8 a.m., at about 3 p.m., they all came back home but his uncle stayed back on the field. Thereafter, when his uncle-Devkaran did not return back till 8 p.m., they went to the field to see him and they found that their uncle-Devkaran lying dead in the field, they took him to the M.Y. Hospital. While going the hospital they found some pages in the pocket of trouser of his uncle and in one of the pages it was written that:-
...[VARNACULAR TEXT OMITTED]...
In the hospital doctors examined his uncle Devkaran and declared dead. On the basis of complaint, FIR was registered against the applicants/accused persons for the offence punishable under Section 306 of the IPC and Section 3/4 of M.P. Protection of Debtors Act, 1937. The applicants have been prosecuted for offence under Section 306 of the IPC. The allegation against the applicants is that they had assaulted deceased-Devkaran, even after repayment of loan amount alongwith interest by the deceased-Devkaran, therefore, he, feeling insulted, harassed and humiliated, he committed suicide.
(3.) It is submitted by the learned counsel for the applicants that the allegations made by the deceased in the suicide-note, said to have been left by him, even if accepted in their entirety, do 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.;
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