IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT th ON THE 4 OF MAY, 2023 CRIMINAL REVISION No. 3073 of 2021 BETWEEN:-

1. VIJAY WASWANI S/O SHRI LOKCHAND WASWANI, AGED ABOUT 55 YEARS, AZAD WARD P.S. KOTWALI NARSINGHPUR TEHSIL AND DISTRICT NARSINGHPUR MP (MADHYA PRADESH)

2. SACHIN WASWANI S/O KHUSHALCHAND WASWANI, AGED ABOUT 41 YEARS, AZAD WARD PS KOTWALI NARSINGHPUR TEHSIL AND DISTT.NARSINGHPUR (MADHYA PRADESH)

3. GAURAV WASWANI S/O VIJAY WASWANI, AGED ABOUT 2 YEARS, AZAD WARD PS KOTWALI NARSINGHPUR TEHSIL AND DISTT.NARSINGHPUR (MADHYA PRADESH)

4. JAI WASWANI S/O KHUSHALCHAND WASWANI, AGED ABOUT 39 YEARS, AZAD WARD PS KOTWALI NARSINGHPUR TEHSIL AND DISTT.NARSINGHPUR (MADHYA PRADESH)

.....PETITIONERS (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI PAWAN GUJAR - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THR P.S. STATION GANJ DISTRICT NARSINGHPUR MP P.S. STATION GANJ DISTRICT NARSINGHPUR MP (MADHYA PRADESH)

.....RESPONDENT (BY SHRI C.P. SINGH PARMAR - GOVERNMENT ADVOCATE)

This revision coming on for admission this day, the court passed the following:

ORDER

Petitioners have filed this criminal revision under Section 379/401 of the th Code of Criminal Procedure for setting aside charges framed by 4 Additional Sessions Judge, Narsinghpur (MP) vide order dated 27.10.2021 passed in ST No.131/2021 and made a prayer for discharge of petitioners.

2. Learned Senior Counsel appearing for petitioners submitted that Police Station-Staionganj Kareli, District-Narsinghpur (MP) registered offence under Section 306 read with Section 34 of the IPC in connection with Crime No.219/2021 against petitioners.

3. According to prosecution story, one Saurabh Nema S/o Ramkumar Nema committed suicide by hanging on 04.07.2019. Suicide note was recovered. In said suicide note, it was mentioned that "we have not done any wrong thing. Money of father was lost due to acts of Vijay Waswani, Sachin Waswani, Jai Waswani, Gaurav Waswani of Jai Traders, Narsinghpur. Said persons are responsible for my death." Other facts regarding relationship in family was also mentioned.

4. It is submitted by senior counsel appearing for petitioners that no offence of abetment of suicide is made against petitioners. There was no instigation or incitement done by petitioners which led to suicide of deceased. There was no conspiracy or omission on part of petitioners which forced the deceased to commit suicide. In view of same, charges framed by trial Court may be set aside and petitioners may be discharged.

5. Learned Government Advocate appearing for State opposed the application and reliance was placed on suicide note left by deceased and also on statements recorded by police under Section 161 of the Cr.P.C. Government Advocate read over the statements of witnesses namely Ramkumar Nema, Vijay Kahar, Abhishek Shrivastava, Shikha Nema, Raja @ Shubhas, Ankit Kothari, Janu @ Rahul Jain, Paritosh Gupta, Manu @ Anoop. On basis of said statement, it is submitted that offence is made out against petitioners.

Criminal revision filed by petitioners be dismissed.

6. Heard the counsel for the parties.

7. Perused the suicide note and statements recorded by police. Witnesses in their statements have stated that accused persons did not return the amount belonging to deceased. On the contrary, they used to visit the house and do argument for paying balance amount to them. He repeatedly tried to get back the amount from accused persons but on one or other pretext they did not return the money. They also used to threaten him to implicate in other cases and stated to him that they will defame him that he has lost money in Satta.

8. A person is said to abet the thing if he instigates any person to do that thing or engages with others in conspiracy for doing anything or any illegal omission pursuance to conspiracy for doing that thing or intentionally aid by act or by illegal omission for doing of that thing. Person will be responsible for abetment if he instigates or does an