Supreme Court Of India
(From : AIROnline 2023 MP 2128)
Abhay S. Oka,
K. V. Viswanathan
, JJ
Criminal P.C. (2 of 1974) , S.227— Penal Code (45 of 1860) , S.306, S.107— Discharge of accused – Rejection of application – Legality – Accused was charged for offence under S.306 of IPC – Suicide note indicated that accused was asking deceased to repay loan guaranteed by deceased and advanced to another person – It could not be said that accused by performing his duty of realising outstanding loans at behest of his employer had instigated deceased to commit suicide – It could not be said that accused by his acts created circumstances which left deceased with no other option except to commit suicide – Exchanges with deceased by accused, though heated, were not with intent to leave deceased with no other option but to commit suicide – Also, FIR was lodged after delay of two months and twenty days – There were no grounds to frame charges under S.306 of IPC against accused – Accused was discharged.
AIROnline 2023 MP 2128-ReversedAIR 2011 SC 1238-Relied on
(Para 19
21)
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