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2017 Supreme(Chh) 391

GOUTAM BHADURI
Yanesh @ Yogesh Kumar Sahu S/o Shri Chandrahas Sahu – Appellant
Versus
State Of Chhattisgarh Through The Police Station Gurur, District Balod, Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioner:Smt. Hamida Siddiqui, Advocate.
For the State : Smt. M. Asha, PL.

ORDER :

1. Heard.

2. This instant petition is against the order dated 3/06/2017 whereby an application to discharge the petitioner under Section 306 of IPC was dismissed.

3. The brief facts of this case are that one Bharti Sahu wife of the petitioner committed suicide. It is alleged by the prosecution that present petitioner has abetted the deceased to commit suicide. The trial court after evaluating the primary statement dismissed an application refused to discharge the petitioner from the charges and as such being aggrieved there by the said order is under challenge before this court by way of instant petition.

4. Learned counsel for the petitioner would submit that deceased Bharti Sahu and the petitioner were married in the year 2013 and out of the wedlock a child was born. It is contended that the deceased herself was suffering with sickle cell decease as also the child was also suffering with some heart ailment. Consequently, the deceased was in depression and she herself has taken this step and committed suicide for which the petitioner cannot be held liable. It is further contended that during investigation a suicidal note was also seized which has been affirmed by the prosecuti















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