Essential Elements Has To Be Met To Attract The Offence Under Section 306 Of IPC: High Court Of Chhattisgarh
Title: Shaila Singh vs. State of Chhattisgarh
Citation: CRMP No. 1441 of 2017
Decided on: 20 Oct 2023
Coram: Chief Justice Hon’ble Shri Ramesh Sinha
Introduction:
This petition under Section 482 of the Code of Criminal Procedure for quashing of the charge-sheet and FIR registered for the offence punishable under Section 306 of the Indian Penal Code in Crime No.126/2016, and quashing of the charge dated 18.09.2017
Facts:
Husband of the deceased, namely, Naresh Yadav who is a government teacher had introduced a government scheme relating to Prime Minister. The scheme introduced is Vikas Kaushal Scheme and the benefits 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.
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. , Naresh Yadav had dishonestly not returned the share of the money to the concerned institution including the institution of the petitioner, who has already spent about Rs. 10 Lakhs for the benefit of aforesaid scheme.
husband of the deceased in whose account the Leela’s Foundation has deposited the huge money of the institutions but Naresh Yadav stated that he had not taken back the amount from the Leela’s Foundation even he has not returned the money to the investor including the present petitioner.
On the date of incident petitioner came to know that the wife of Naresh Yadav along with her three children had consumed some poisonous substance i.e. Harpic and written a suicide note. children survived while the wife of Naresh Yadav expired, hence the prosecutors has filed charge sheet against the petitioner for an offence under section 306 of the IPC.
The learned trial Court, vide order dated 18.09.2017, without there being any ingredients against the present petitioner, has framed charges under Section 306 of the IPC read with Section 107 of the IPC against the petitioner. petitioner has also filed an application under Section 138 of the Negotiable Instrument Act against the husband of the deceased which indicates that the husband of the deceased, namely, Naresh Yadav had taken money from the petitioner.
Court’s Analysis and Judgment:
The petitioner submits that neither in the dying declaration nor in the F.I.R. there is any material indicating that the petitioner has committed the crime of abetment. It is further submitted that there is no mens rea on the part of the petitioner to commit the offence.
Its argued that suicide was not the last option left, The present petitioner, who allegedly made a demand from the husband of the deceased to repay the loan amount, the deceased never made any complaint to the police authorities nor moved before any higher officials of the Police Department. From the respondent’s side it is submitted that petitioner has harassed and abbeted the wife, which led to the her committing the suicide.
Hon’ble court decided that he necessary ingredients to atteact the offcnce under section 306 are not met in the present case, hence the court held that the charges made by trail court on petitioner are not sustainable.
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Written By: Sushant Kumar Sharma