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RAMESH SINHA
Shaila Singh W/o Rajbahadur Singh – Appellant
Versus
State of Chhattisgarh Through Station House Officer, Police Station Newai – Respondent
ORDER :
1. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short, the Cr.P.C.) for quashing of the charge-sheet and FIR registered for the offence punishable under Section 306 of the Indian Penal Code (for short, the IPC) in Crime No.126/2016 at Police Station – Newai, District Durg and quashing of the charge dated 18.09.2017 passed in Sessions Trial No. 172/2016 by the learned 7th Additional Sessions Judge, Durg.
2. Brief facts of the case are that the husband of the deceased, namely, Naresh Yadav who is a government teacher had introduced a government scheme relating to Prime Minister Vikas Kaushal Scheme to the present petitioner and given detail of the benefits that if under the aforesaid scheme, any institution works, then they will be able to get Rs. 10,000/- per student on the condition that the student will firstly have to deposit Rs. 12,000/-. The petitioner provided about Rs. 10 Lakhs to the husband of the deceased for the aforesaid Kaushal Vikas Yojna with the help of Leela's Foundation. The deceased had submitted applications of about 2000 student and when the money was deposited under the government scheme in the account of
The necessity of establishing mens rea and a positive act to sustain a conviction under Section 306 of the IPC, and the requirement that the accused's act must have pushed the deceased into a positio....
No evidence of instigation was found sufficient to support charges under IPC Sections 306 and 506(2).
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