Madhya Pradesh High Court
The State Of Madhya Pradesh vs Juber Khan on 3 September, 2015
MCRC-2557-2015
(THE STATE OF MADHYA PRADESH Vs JUBER KHAN)
03-09-2015
Shri G.S. Thakur, panel lawyer for the State.
Heard on admission.
The State has preferred the present application for
grant of leave to appeal against the order dated
29.10.2014 passed by the Thirteenth A.S.J., Bhopal,
in S.T. No. 819/2013, whereby the respondents have
been acquitted from the charge of Section 306 IPC. The facts of the case, in short, are that on 06.08.2013, deceased Rehana Bi was taken to Hamediya hospital, Bhopal in a burnt condition. She gave a dying declaration that the respondents, who were landlords of the rental property threatened her to vacate the house immediately and, therefore, she had committed suicide.
After recording of her dying declaration, Rehana Bi expired. After due investigation charge-sheet was filed before the concerned Magistrate. After considering the submissions made by the learned counsel for State, it appears that there was no relation of the respondents with the deceased Rehana Bi so that any presumption under Section 113-A of the Evidence Act may apply in the present case. If the respondents had threatened her to vacate the house immediately then they could do so in a forceful manner. It is not alleged by the deceased that the respondents assaulted her or used any force to get the house vacated. She had an opportunity to visit the police station so that the respondent could not create a force to vacate the house and they would have filed a civil suit for ejectment. The overt act of the respondents was not such that it can be said that it falls within the purview of Section 107 of IPC. It was not a case where the deceased had no option except to commit suicide. She could adopt a legal recourse and she could not be evicted by the respondents from that house if she would have adopted a legal recourse. The trial Court has rightly found that in the absence of any overt act of the respondents, which may fall within the purview of Section 107 of the IPC, no offence under Section 306 of IPC is made out against the respondents. If the deceased had committed an act in the sentiments then it cannot be said that crime of offence under Section 306 of IPC was committed by the respondents. No illegality or perversity is visible in the impugned judgment. If the appeal of the State is permitted then it shall not succeed. Consequently, there is no ground for grant of leave to appeal. Leave application is hereby dismissed.
A copy of this order be sent to the Court below along with it's record for information.
(N.K. GUPTA) JUDGE