Roop Singh @ Ruppu vs The State of Madhya Pradesh

N.K. Gupta, J.—Heard the learned counsel for the parties. The applicants have challenged the proceedings pending against the applicants before the JMFC, Patan, District Jabalpur for offence punishable under sections 294, 306 of IPC.

The prosecution''s case, in short, is that, on 13.2.2011 one Halkai Prasad Tiwari had committed suicide. A dying declaration was recorded, in which the deceased has stated that the applicants were harassing him and therefore, he committed suicide. Thereafter, the police investigated the matter and some witnesses told that the applicants told the deceased that why he was flowing the dirty water on the road then, the deceased told that the water will be evaporated and there will be no problem when Barat will arrive. Thereafter some filthy abuses took place between the parties. One Laxman Patel saved both of them and separated them. Ultimately, the applicants went from the spot and the deceased went inside the house and committed suicide.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent that the witnesses have stated that the applicants assaulted the deceased. That version appears to be incorrect because if the deceased was assaulted by the applicants then, he would have told about that fact in his dying declaration. If the evidence adduced is considered as it is then, it would be apparent that there was no enmity between the applicants and the deceased. The applicant No. 1 Roop Lal @ Pappu was also a Sarpanch of the village and therefore, the applicants have the right to say about the dirty water coming out from the house of the deceased. If some abuses were done by the applicants then, their overt-acts do not fall within the purview of section 107 of IPC. There is no relation shown between the deceased and the applicants, so that presumption u/s 113-A of Evidence Act may apply. Under such circumstances, the victim could go and lodge an FIR against the applicants about their conduct. Instead of that, he committed suicide. Since the overt-acts of the applicants do not fall within the purview of section 107 of IPC, therefore, prima facie no offence punishable u/s 306 of IPC is made out against the applicants. It is no where told by the deceased about the words of abuses and therefore, prima facie it cannot be said that offence punishable u/s 294 of IPC is made out against the applicants. It is a fit case in which the prosecution going on against the applicants should be stopped.

Consequently, petition under sections 482 of the Cr.P.C. filed by the applicants is hereby allowed. The proceedings of criminal case No. 222/2011 pending before the JMFC, Patan are hereby quashed. The result would be that the applicants are discharged from various charges of offence punishable under sections 294, 306 read with section 34 of IPC. A copy of the order be sent to the trial Court for information and compliance.