Dinesh Kumar vs State And Ors (2023:Rj-Jp:21476)
2023 Latest Caselaw 4647 Raj/2

[2023:RJ-JP:21476]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Criminal Revision Petition No. 1034/2001

Dinesh Kumar S/o Ghisa Ram, R/o Dabadwas, at present R/o
Shahjahapur, Police Station Shahjahpur, Distt. Alwar (Raj.)
                                                                    ----Petitioner
                                    Versus
1. State of Rajasthan through Public Prosecutor
2. Ishwar Singh S/o Batar Singh
3. Jet Singh S/o Ganga Singh
4. Murari Lal S/o Ramotar
5. Raju Singh S/o Bagdawat
6. Bagdawat Singh S/o Ganga Singh
7. Dilip Singh S/o Manu Singh
8. Birju Singh S/o Bhanwar Singh
     Respondents No. 2 to 8 R/o Dabadwak, Police Station Madhav,

Tehsil Behror, Distt. Alwar.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sriram Yadav
For Respondent(s)         :     Mr. Prashant Sharma, PP.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                     Order

06/09/2023

1. Heard learned counsel for the petitioner as well as the State

respondent.

2. No one appears for respondent Nos. 2 to 8.

3. The petitioner has challenged the judgment of acquittal

passed in favour of respondent Nos. 2 to 8 dated 31.08.2001 in

Sessions Case No.14/1995 whereby the private respondents were

acquitted of the charge under Section 306 IPC.

4. The prosecution story reveals that father of the informant

was found dead and his dead body was lying on the field side.

[2023:RJ-JP:21476] (2 of 2) [CRLR-1034/2001]

Nearby the dead body, some white powder was noticed and it

revealed that the deceased had consumed the same and

committed suicide. From the pocket of the deceased a note was

recovered which is recited as follows:-

"eSa ?kklhjke (deceased)

rk 18-12- dks tks dk.M esjs lkFk tSrflag] fpeu flag] bZ'oj flag oxSjk us fd;k

ekjk o esjs ?kj esa vkx yxkbZ vkSj ;g /kedh nh fd esjs dks tku ls ekjsaxs bl dkj.k ;g

fd;k x;k gS , ,l vkbZ eksgu flag us Hkh ;g /kedh nh gSaA "

5. Learned counsel for the petitioner contends that the trial

court had not properly appreciated the aforesaid note which

persuaded the deceased to commit suicide.

6. The law is well settled that to attract the offence under

Section 306 IPC, the suicide must be direct result of abetment of

the accused persons. The intention of the accused to aid or

instigate or abet the deceased to commit suicide is necessary.

7. In the case on hand, there is no evidence that the accused

had any intention while committing offence dated 18.12.1992 to

instigate the deceased to commit suicide. If for some act may be

a criminal act, one himself decides to finish his life, that cannot be

treated as result of abetment caused by the accused persons.

Therefore, I do not find any reason to interfere with the impugned

judgment of acquittal.

8. Accordingly, this petition stands dismissed.

(BIRENDRA KUMAR),J

NAVAL KISHOR /2

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