The State Of Chhattisgarh vs Ravi Shriwas
2022 Latest Caselaw 1155 Chatt

                                                                                             NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                         CRMP No. 73 of 2015
     • The State Of Chhattisgarh Through District Magistrate Korba C.G.,
       Chhattisgarh                                        --- Petitioner

                                              Versus

     • Ravi Shriwas S/o Dukalu Shriwas Aged About 26 Years R/o Sitamani
       Korba, Ps Kotwali, Korba, Distt. Korba C.G., Chhattisgarh

                                                                                ---- Respondent.

                                  CAUSE TITLE TAKEN FROM CIS PERIPHERY
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         For Petitioner                      :        Mr. B. P. Banjare, Dy GA.
         For respondent                      :        Mr. Ravindra Sharma, Adv.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 04.03.2022

Heard on application for grant of leave to appeal.

2. The State has preferred this application for grant of leave to appeal

challenging the judgment dated 29.05.2014 passed by the Court of Sessions

Judge, Korba in ST No.23/2011 whereby the learned Court below has

acquitted the respondent from the charge under Section 306 IPC.

3. The relevant facts of the case, in brief, are that the deceased

Sonali @ Nikki Singh was having love affair with the respondent and on

the date of incident i.e. on 09.09.2009 at about 2 PM deceased came in

front of the the respondent's house and insisted family members of the

respondent that let her meet the respondent or else she will commit

suicide by consuming poison. After the said incident, she committed

suicide and left the suicide note. Thereafter, the offence was registered

against the respondent.

4. Learned State counsel submits that the trial Court has committed

grave error in acquitting the respondent from charge by discarding the

evidence of mother of the deceased who has categorically stated in her

statement that on the call of the respondent, her deceased daughter went to the house of the respondent and left the suicide note in the room. He

submits that the findings arrived at by the trial Court are unwarranted and

are liable to be set aside. It is submitted that considering these factors,

leave to appeal may be granted.

5. Per contra, learned counsel for the respondent puts forth his

vehement opposition to the submission made by learned State counsel

and supports the judgment impugned in its entirety.

6. Heard counsel for the parties, perused the records minutely and

also gone through the statement recorded by the prosecution.

7. In the present case, the necessary ingredients to establish the

abetment of suicide under Section 306 are lacking and merely a suicide

note with the name of the accused shall not suffice for the same. In

addition, there being a requirement of mens rea pointing to instigation by

the accused to goad the deceased into committing suicide, there must be

a proximate and live link present between such abetment and the

consequent suicide, to establish the offence of abetment of suicide under

Section 306 IPC.

A plain reading of suicide note would only suggests that the

temperament of the deceased was hyper sensitive which led her to take

such an extraordinary step in failure of love affair, therefore, this Court is

of the view that necessary ingredients of abetment are not attracted and

the findings arrived at by the trial Court are just and proper and does not

warrant any interference.

8. In the result, the application for grant of leave to appeal

dismissed.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay