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2023 Supreme(SC) 1189

ABHAY S. OKA, PANKAJ MITHAL
Mohit Singhal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Aakash Sirohi, AOR Mr. Indra Lal, Adv. Ms. Neema, Adv.
For the Respondent(s): Mr. Sudarshan Singh Rawat, AOR Mr. Ashutosh Kumar Sharma, Adv. Ms. Saakshi Singh Rawat, Adv. Mr. Sunny Sachin Rawat, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. The appellants were shown as accused in the First Information Report registered at the instance of the third respondent for an offence punishable under Section 306 of IPC (for short ‘IPC’).

2. It is an admitted position that the third respondent, who is the widow of deceased Ashok Kumar, had borrowed a sum of Rs. 40,000/- from one Sandeep Bansal @ Sandeep Lala. The first appellant is the son of the said Sandeep Bansal. The third respondent, in her complaint to the police, stated that subsequently, she borrowed a sum of Rs. 60,000/- from Sandeep. While paying the said amount, Sandeep deducted a sum of Rs. 15,000/- towards interest.

3. The third respondent in her complaint stated that on 8th June 2017, she received a call from Sandeep. He abused her for not repaying the loan. The third respondent sought time of two months to repay the loan. On 15th June 2017, the first appellant came to the shop of the third respondent, where her husband was sitting. The first appellant demanded money, and the deceased husband of the third respondent pleaded with him to give him some time within which he could arrange for the money. It is alleged that the first appellant ab


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