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2021 Supreme(Chh) 366

RAJENDRA CHANDRA SINGH SAMANT
Topan Das Bhagyadev, S/o. Late Pohuram Bhagyadev – Appellant
Versus
State of Chhattisgarh, Through : The Station House Officer – Respondent


Advocates Appeared:
For the Applicant : Mr. Rajat Agrawal.
For the Respondent: Mr. Adil Minhaj.

ORDER :

1. This criminal revision has been brought being aggrieved by the order of framing charge dated 06.02.2020, passed in S.T. No. 107 of 2019, by the Second Additional Judge to the Court of 1st Additional Sessions Judge, Raipur, District – Raipur (C.G.) under Section 306 of the Indian Penal Code.

2. It is submitted by the learned counsel for the applicant that the impugned order is erroneous and perverse. The applicant has played no role in the commission of suicide by the deceased Vinay Nebhani. The applicant has not instigated, neither conspired nor aided in that commission of suicide by the deceased. The deceased committed suicide on 20.03.2015. The FIR has been lodged after huge delay on 05.08.2018. The deceased was indebted and making demand of debt is not an act of abetment. Only for the reason that name of the applicant is mentioned in the suicide note of the deceased by itself is not an evidence to show that this applicant has abetted the deceased for commission of suicide. Whole material in the charge-sheet does not make out a case of abetment as defined under Section 107 of I.P.C..

3. Reliance has been placed on the judgment of Supreme Court in case of State of West Ben

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