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VIJAY KUMAR SHUKLA
Tikamsingh S/o Bahadursingh – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
The present revision petition is filed under Section 401/397 of Cr.P.C. whereby a charge under Section 306 of IPC has been framed by Additional Sessions Judge, Ujjain in ST No.36/2014 by order dated 01.02.2014.
2. Prosecution case is that police has registered case under Section 306 of IPC on the fact that on date of incident, applicants demanded money lent by them due to which deceased committed suicide. After investigation police filed charge-sheet before the learned trial Court and the trial Court framed the charges under Section 306 of IPC.
3. Counsel for the applicant submits that the demand of refund of loan amount does not amount to abettment under Section 107 of IPC and, therefore, charge under Section 306 of IPC ought to have not been framed by the trial Court.
4 . Counsel for the State submits that the prosecution case based on suicide note and apart from demanding the loan amount the applicants have also kept his vehicle in their possession and did not pay the rent to him and, therefore, the deceased had no option, but to commit suicide.
5. The Apex Court in the case of Chitresh Kumar Chopra Vs.State of (Govt of NCT of Delhi) reported in 2009 (16) SCC 605, Shabbir Hus
Demand for loan repayment does not constitute abetment of suicide under IPC; instigation requires clear evidence of incitement.
To sustain a charge under Section 306 IPC, clear evidence of intentional abetment or instigation is required, with actions having a proximate link to the suicide.
Abetment of suicide under IPC requires clear mens rea and active instigation, which was not proven in this case.
The main legal point established in the judgment is the requirement of specific intent and the absence of evidence of instigation or intentional aid in the commission of suicide under Section 306 of ....
Section 107 of I.P.C reads as abetment of a thing.
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