RAJU S/O BABULAL PRAJAPAT Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition preferred u/s. 397 read with Section 401 of the Criminal Procedure Code, 1973 (hereinafter, for short, 'the Code') being aggrieved by order dated 26/10/2018 passed by Second Additional Sessions Judge, Dewas in S.T. No. 359/2018, whereby charge for offence u/s. 306 of the IPC has been framed against the applicant.

(2.) The facts of the case are in brief that in the intervening night of 03/02/2017 and 04/02/2017, Dashrath (deceased) committed suicide by consuming some poisonous substance. On receiving the information regarding the incident the Merg No. 73/2017 was registered by Police Station-Civil Line District-Dewas 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 has given Rs.7,000/- to the applicant for purchasing the 'khali' but neither he provided him 'khali' nor returned his amount, this made him quite upset and due to which he committed suicide by consuming poisonous substance. Thereafter, applicant was 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 of the IPC by the impugned order.

(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.