Madhya Pradesh High Court
Ashutosh Alias Rana Trifala vs The State Of Madhya Pradesh on 24 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:27313
1 CRR-1533-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 24th OF JUNE, 2025
CRIMINAL REVISION No. 1533 of 2025
ASHUTOSH ALIAS RANA TRIFALA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pushpanjali Kumar Mishra - Advocate for the applicants.
Shri Akshay Namdeo - Government Advocate for the respondent-
State.
ORDER
This Criminal Revision under Section 438 read with Section 442 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 has been preferred against the
judgment of conviction and order of sentence dated 06.02.2025 passed by
Third Additional Sessions Judge, Panna, District-Panna (M.P.) in S.T.
No.125/2024 whereby the Trial Court has rejected the application under
Section 262 of B.N.S.S. and framed the charges under Section 108, 296,
351(2) of B.N.S.
2. Learned counsel for the applicants has submitted that the applicants
have been implicated in the false case. There was no mention regarding that
the applicants were harassing the deceased and due to that, the deceased has
committed suicide but the trial court has framed the charges under Section
108 of B.N.S.S. which is not made out.
NEUTRAL CITATION NO. 2025:MPHC-JBP:27313
2 CRR-1533-2025
3. Learned counsel for the applicants, relying on the judgment of Ajit
Singh Kulhar and others v. The State of Madhya Pradesh and others passed
by this Court in Criminal Revision No.6428 of 2024, has submitted that to
constitute the offence under Section 108 of B.N.S.S., the conditions of the
abetment be fulfilled and further submitted that if the deceased has
committed suicide then in the search case, the Apex Court in Mohit Singhal
and another v. State of Uttarakhand and others, (2024) 1 SCC 417 has clearly
held that no case of abetment to commit suicide is made out.
4. Learned Government Advocate for the State has submitted that in
the statement of wife of the deceased namely Vandana Barman has clearly
stated that the applicants followed them, when they were going to hospital
for treatment of their daughter and the applicants abused them. Due to insult
and guilt, the deceased has committed suicide by consuming the poison. The
act of the applicants comes in the purview of abetment to suicide. Hence, the
Revision be dismissed.
5. Heard the parties and perused the record.
6. The main allegation against the applicants is that they has lended the
money to deceased and the deceased was working in Surat. His wife has
delivered a child so he came to his village. When the deceased alongwith his
wife was going to Gunaur hospital, the applicants followed them on
motorcycle and abused the deceased Jitendra and also threatened him for the
dire consequences if money was not returned and due to that on 18.07.2024,
the deceased committed suicide by consuming poison.
7. I have gone through the judgment of Ajit Singh Kulhar (supra) .
NEUTRAL CITATION NO. 2025:MPHC-JBP:27313
3 CRR-1533-2025
8. From the judgment, it is clear that to constitute the abetment to
suicide; firstly the prosecution has to bring the facts that fulfill the condition
of abetment such as instigation, conspiracy or intentional aid. Mens rea is
compulsory to constitute the offence of abetment. In this case, the applicants
were demanding the lended money and for that, if they threaten, no case of
abetment is made out. Looking to the principle laid down by the Apex Court
in the case of Mohit Singhal (supra), the charges could not be framed under
Section 108 of B.N.S.S. The charge under Section 108 of B.N.S.S. is
quashed. On rest of the charges, the trial court will go on before the
competent Court. Thus, this Criminal Revision is allowed.
9. Accordingly, this Criminal Revision is disposed of.
10. With the copy of this order, the record of the trial court be sent
back.
(DEVNARAYAN MISHRA)
JUDGE
HK
