JUDGMENT

Prakash D. Naik, J -The applicant is arraigned as an accused in the proceedings arising out of C.R.No.I-451 of 2007, registered with Kalamboli Poilce Station for offences punishable under Section 306 read with 511 of the Indian Penal Code (IPC). On completing the investigation, the charge-sheet was filed before the competent Court and the proceedings were numbered as Regular Criminal Case No.227 of 2008. The case was then committed to the Court of Sessions and numbered as Sessions Case No.31 of 2014. The applicant is aggrieved by the order dated 6thMay, 2016, passed by the Sessions Court Raigad - Alibag, rejecting the application for discharge preferred by the applicant before the said Court vide Exhibit - 9.

2. The brief facts of the prosecution case are as follows:

(a) The First Information Report (FIR) was registered at the instance of Shri Shankar Pandian Subayya Dever. The statement of the complainant was recorded on 13th October, 2007. It is alleged that the complainant is employed at Bharat Petroleum Corporation since 15 years. He is in habit of consuming liquor since long. By using his credit card of ABN Ambro Bank, he had made purchases. He is also having credit cards of ABN Ambro bank, City Bank, ICICI Bank. The complainant had purchased gold ornaments of Rs.75, 000/- by using credit card of City Bank for his friend Madhavrao. He was frequently making use of his credit cards for liquor.

(b) one person, named, Satish visited his house and informed him that he has come from ICICI Bank. He insisted that the complainant should make payment of dues towards the credit cards. He threatened that in case the money is not paid, household articles from his house will be taken away.

Satish used to give him calls frequently on his mobile phone and the phone at his company office and used to threaten him for paying said dues. Since he was disturbed, the complainant had consumed sleeping pills in the month of April and rat kill poison for which he was treated in the hospital at New Panvel. At that time, due to oversight he informed that he had consumed the medicine/poison on account of family reason.

(c) On 6th October, 2007, when the complainant visited his office, he was informed that there was a phone call for him from one Satish at the instance of Citi Bank. Thereafter, he again received a call on his mobile phone. He was informed that the caller had left the ICICI Bank and had joined Citi Bank. He was also informed that an amount of Rs.1, 30, 000/- is due and payable by him to the Citi Bank.

The complainant informed the caller that he has paid entire dues of the Bank, however, he was informed that on verification of the file, it was noticed that the dues are to be paid to the Bank by him. At that time, the complainant was threatened by the accused stating that he will be traced and will be handpicked for non payment of the amount. Due to that, the complainant was under mental pressure.

(d) Due to fear, the complainant did not join his duty on 8th October, 2007. He went to his room at Panvel and, thereafter, to the dispensary of Dr.Wani. He told the doctor that he is suffering from cough and cold and obtained medicines from him. He also complained that he is not getting sufficient sleep and hence, doctor prescribed ten sleeping pills and advised him to take one pill at night.

Complainant used the said prescription for purchasing sleeping pills at three different medical stores and purchased 30 sleeping pills. Thereafter, he consumed country liquor (Tadi) at the Tadi Shop and walked towards Diva side by Panvel railway line. He sat near one nullah on the side of the railway line and consumed 30 sleeping tablets along with water. Thereafter, he started walking towards Kalamboli, and on the way, he met his brother-inlaw Venkatesh, who admitted him at MGM Hospital. The FIR was registered for the offence punishable under Sections 306 and 511 IPC.

3. Applicant preferred an application for discharge before the Sessions Court vi