Madhya Pradesh High Court
Suresh Dhakad vs The State Of Madhya Pradesh on 4 May, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 4 th OF MAY, 2023
CRIMINAL REVISION No. 3142 of 2022
BETWEEN:-
SURESH DHAKAD S/O SHRI RAM PRASAD DHAKAD,
AGED ABOUT 53 YEARS, OCCUPATION:
AGRICULTURIST VILLAGE DHAUNDHA P S
PAHADGARH DISTT MORENA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ASHA RAM SHIVHARE - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
ARON DISTT GWALIOR (MADHYA PRADESH)
2. MANGI LAL S/O SHRI PARSU DHAKAD VILLAGE
PATAI P.S. ARON DISTRICT GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY MS. PADAMSHREE AGARWAL - PANEL LAWYER)
(BY SHRI VINOD PATHAK, LEARNED COUNSEL FOR THE RESPONDENT
NO.2).
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
Petitioner filed this criminal revision under Section 397 r/w 401 of Cr.P.C. being aggrieved by the order dated 22.06.2022 passed in Sessions Trial No.110/2022 by 17th Additional Sessions Judge, Gwalior, District Gwalior by which the trial Court has framed the charges under Sections 306, 306/34 of IPC against the petitioner.
Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/4/2023 6:07:24 PM 22. In brief facts of the case are that on 23.02.2020, an intimation has been sent by JAH Hospital, Gwalior to Kampoo Police Station that on 21.02.2020, deceased Santosh was admitted in the hospital after consuming some poisonous substance. During treatment on 23.02.2020, he died. Thereafter, Merg bearing No.03/2020 was recorded at Aron, Gwalior. Dead body panchnama was prepared and sent for post mortem. As per post mortem report, deceased died due to cardio respiratory failure. Merg was inquired and during merg inquiry it was found that deceased Santosh from last 05-06 months had took a room on rent on the house of present applicant accused and was doing private doctor practice. On 21.02.2020, he came by motorcycle to village Patayi, thereafter, he stated to his mother that present applicant accused along with other co-accused persons did maarpeet with him and also made allegation against him that he persuaded a girl to go with him. He stated that he will not go back to do his practice again. Thereafter, he went to the field of Hari Dhakad and committed suicide by consuming poisonous substance. After investigation charge-sheet has been filed.
3. Learned advocate for the petitioner submitted that there is no evidence in the present case of abetment of suicide as defined in Section 107 of IPC. Relying upon the judgment passed in the case of K.V. Prakash Babu vs. State of Karnataka, reported in (2017) 11 SCC 176 in which Apex Court has held that -:
" I t is clarified that if husband gets involved in an extra-marital affair, that may not in all circumstances invite conviction under Section 498-A IPC or Section 306 IPC, but definitely that can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments".Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/4/2023 6:07:24 PM 3
4. Learned counsel for the petitioner submitted that case of the prosecution does not come within the purview of Section 107 of IPC because only on the ground of illicit relationship it cannot be assumed that it comes in the definition of abetment. He has relied upon the judgment passed by the Apex Court in the cases of Pinakin Mahipatray Rawal v. State of Gujrat, reported in 2013 (10) SCC 48 and Amalendu Pal v. State of West Bengal, reported in 2010 (1) SCC 707.
5. On the other hand, learned counsel for the respondent/state as well as counsel for the complainant have vehemently opposed the prayer on the ground that the offences which was registered against the petitioner is against the society and the said offences are not compoundable.
6. Heard the learned counsel for the parties and perused the record.
7. The parameters of 'abetment' have been stated in Section 107 of the IPC, which defines 'abetment of a thing' as follows :-
"107. Abetment of a thing.- A person abets the doing of a thing, who - First- Instigates any person to do that thing; or Secondly-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing.
8. Thus, considering the totality of the facts & circumstances of the case, this Court is of the considered opinion that prima facie there is no material to show that petitioner in any manner has abetted the deceased to commit suicide. Accordingly, order dated 22.06.2022 passed by learned 17th Additional Sessions Judge, Gwalior is hereby set-aside and framing charges against the petitioner under Sections 306, 306/34 of IPC is quashed so far as it Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/4/2023 6:07:24 PM 4 relates to the petitioner and petitioner is discharged.
9. The petition stands allowed in aforesaid terms.
(DEEPAK KUMAR AGARWAL) JUDGE Vijay Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/4/2023 6:07:24 PM