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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.435 OF 2016
A.R. Satish
Age – 33 yrs.,
Occupation – Service,
R/at. Jai Laxmi Co-op.
Hsg. Soc., St.Anthony Road,
Poisar, Kandivali (W)
Mumbai – 500 067 .. Applicant
Vs.
State of Maharashtra
(Through Kalamboli Police Station) .. Respondent
……
Mr.Niranjan Mundargi a/w. Mr.Mayur Bhojwani and Mr.Anees A.
Patel i/b. M/s.Manilal Kher Ambalal Co., Advocate for the
Applicant.
Mr.A.R. Satish, Applicant, present.
Mr.A.R. Kapadnis, APP for Respondent – State.
……
CORAM : PRAKASH D. NAIK, J.
RESERVED ON : FEBRUARY 9, 2018.
DELIVERED ON : APRIL 10, 2018.
JUDGMENT :
The applicant is arraigned as an accused in the
proceedings arising out of C.R.No.I-451 of 2007, registered with
Kalamboli Poilce Station for offences punishable under Section
306 read with 511 of the Indian Penal Code (IPC). On completing
the investigation, the charge-sheet was filed before the
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competent Court and the proceedings were numbered as Regular
Criminal Case No.227 of 2008. The case was then committed to
the Court of Sessions and numbered as Sessions Case No.31 of
2014. The applicant is aggrieved by the order dated 6thMay,
2016, passed by the Sessions Court Raigad – Alibag, rejecting the
application for discharge preferred by the applicant before the
said Court vide Exhibit – 9.
2 The brief facts of the prosecution case are as follows:
(a) The First Information Report (FIR) was registered at the
instance of Shri Shankar Pandian Subayya Dever. The
statement of the complainant was recorded on 13 th
October, 2007. It is alleged that the complainant is
employed at Bharat Petroleum Corporation since 15 years.
He is in habit of consuming liquor since long. By using his
credit card of ABN Ambro Bank, he had made purchases.
He is also having credit cards of ABN Ambro bank, City
Bank, ICICI Bank. The complainant had purchased gold
ornaments of Rs.75,000/- by using credit card of City Bank
for his friend Madhavrao. He was frequently making use of
his credit cards for liquor.
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(b) one person, named, Satish visited his house and informed
him that he has come from ICICI Bank. He insisted that the
complainant should make payment of dues towards the
credit cards. He threatened that in case the money is not
paid, household articles from his house will be taken away.
Satish used to give him calls frequently on his mobile
phone and the phone at his company office and used to
threaten him for paying said dues. Since he was disturbed,
the complainant had consumed sleeping pills in the month
of April and rat kill poison for which he was treated in the
hospital at New Panvel. At that time, due to oversight he
informed that he had consumed the medicine/poison on
account of family reason.
(c) On 6th October, 2007, when the complainant visited his
office, he was informed that there was a phone call for him
from one Satish at the instance of Citi Bank. Thereafter, he
again received a call on his mobile phone. He was
informed that the caller had left the ICICI Bank and had
joined Citi Bank. He was also informed that an amount of
Rs.1,30,000/- is due and payable by him to the Citi Bank.
The complainant informed the caller that he has paid
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entire dues of the Bank, however, he was informed that on
verification of the file, it was noticed that the dues are to
be paid to the Bank by him. At that time, the complainant
was threatened by the accused stating that he will be
traced and will be handpicked for non payment of the
amount. Due to that, the complainant was under mental
pressure.
(d) Due to fear, the complainant did not join his duty on 8 th
October, 2007. He went to his room at Panvel and,
thereafter, to the dispensary of Dr.Wani. He told the doctor
that he is suffering from cough and cold and obtained
medicines from him. He also complained that he is not
getting sufficient sleep and hence, doctor prescribed ten
sleeping pills and advised him to take one pill at night.
Complainant used the said prescription for purchasing
sleeping pills at three different medical stores and
purchased 30 sleeping pills. Thereafter, he consumed
country liquor (Tadi) at the Tadi Shop and walked towards
Diva side by Panvel railway line. He sat near one nullah on
the side of the railway line and consumed 30 sleeping
tablets along with water. Thereafter, he started walking
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towards Kalamboli, and on the way, he met his brother-in-
law Venkatesh, who admitted him at MGM Hospital. The
FIR was registered for the offence punishable under
Sections 306 and 511 IPC.
3 Applicant preferred an application for discharge
before the Sessions Court vide Exhibit-9. The said application
was rejected by order dated 6th May, 2016. Hence, the applicant
has preferred this Revision Application challenging the said
order.
4 Mr.Mundergi, Learned advocate for the applicant
submitted that the charge under Section 306 read with 511 of
IPC is not made out against the applicant. There is no evidence to
frame charge for the said offences. Even if the allegations made
in the FIR and the statements of witnesses are accepted tobe
true, there is no justification to prosecute the applicant for the
said offence. It is further submitted that the statements recorded
by the investigating agency and the documents produced before
the Court do not disclose that there are suspicious circumstances
against the applicant to frame charge. Trial Court has committed
an error in holding that there was grave suspicion against the
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applicant that due to his alleged action, the victim was forced to
attempt suicide. The charge-sheet does not discloses the
essential ingredients of the offence alleged therein. It is further
submitted that the complainant in his statement has stated that
in April 2007, he attempted to commit suicide for the first time
by consuming sleeping pills along with rat poison and was
hospitalized and treated for the same. It is submitted that the
complainant as per his own version is alcoholic and having
suicidal tendencies. It is submitted that the Sessions Court failed
to appreciate that nobody would abet an attempt to commit
suicide. Abetment involves a mental process of instigating a
person or intentionally aiding a person in doing of a thing. There
is no material on record which directly or indirectly implicate the
applicant without any positive act on his part to instigate or aid
in committing suicide and, therefore, the prosecution against the
applicant is not sustainable. He further submitted that the
intention of the legislature is clear that there has to be a clear
means rea to commit the offence under Section 306 of IPC and
upon scrutiny of facts of this case, neither of the ingredients of
abetment are directed towards the applicant. Due to lack of any
credible material on record against the applicant, the
prosecution cannot continue. The investigating authority has
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mechanically applied Section 511 of the IPC. There cannot be any
offence of attempting to abet suicide and, therefore, the entire
prosecution stands vitiated.
5 Learned counsel relied upon the following decisions:
(i) S.S. Chheena Vs. Vijay Kumar Mahajan Anr. 1;
(ii) M. Mohan Vs. Velmurugan Anr.2, decided by the
Supreme Court;
(iii) Madan Mohan Singh Vs. State of Gujarat Anr. 3
(iv) Sanju Alias Sanjay Singh Sengar Vs. State of M.P. 4
6 Learned APP submitted that there was sufficient
material before the trial Court to proceed against the applicant.
The statement of the complainant and other witnesses clearly
establish the case for the offence alleged against the applicant.
The statement of witnesses reveal that the complainant had
obtained credit facility from the Citi Bank and at the instance of
the said bank, the applicant-accused had threatened the
complainant of dire consequences on account of non payment of
the dues of the Bank. The applicant-accused was constantly
1 (2010)12 SCC 190
2 Appeal No.611 of 2011, dated 01.03.2011
3 (2010) 8 SCC 628
4 (2002) 5 SCC 371
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telephoning the complainant and was intimidating him for non-
payment of the alleged dues to the Bank. It is further submitted
that at the stage of framing of charge, prima facie case is
required to be made out against the accused. The material on
record makes out a case for framing of charge. At the stage of
framing charge, the Court cannot conduct a roving inquiry and /
or appreciate the evidence on record. The submissions advanced
by the applicant-accused may be considered during trial. The
statement of the complainant, the statements of the witnesses
and the complainant and as per law clearly depicts instigation
and harassment meted out to the complainant, which is properly
made to reason to suicide but luckily the complainant had
survived and, therefore, the accused is not entitled for discharge.
The complainant was disturbed on account of constant
harassment caused to him by the accused. The statement of the
wife of the complainant as well as borther-in-law supports the
prosecution case. Complainant had attempted suicide only on
account of the mental torture caused by the accused. Therefore,
the prosecution has made out a case for framing of charge un der
Sections 306 and 511 of IPC.
7 After hearing both sides and on perusal of the
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documents on record in the form of charge-sheet, it appears that
the accused was initially working with ICICI Bank and the
complainant had utilized credit card facility of the said bank, and,
was defaulter of the amount due to the said bank. According to
the complainant, on the earlier occasion on account of the raids
for recovery of dues of ICICI Bank and intimidation he had
consumed sleeping pills and rat poison and he was admitted in
the hospital for treatment. The statement of the complainant
further discloses that during the course of investigation, in
relation to the earlier incident due to oversight he had stated that
he did so on account of family reasons. Complainant also stated
that on the earlier occasion also he was threatened by the
accused and, thereafter, the accused shifted to the Citi Bank.
Prosecution case is that, the complainant has also used the credit
card facility of Citi Bank and the said bank claimed that there
were dues of Rs.1,30,000/- towards the utilization of the credit
card of the said Bank which were demanded by the accused. For
the purpose of recovery, accused was threatened that he will be
handpicked from the premises in case he does not make payment,
and, therefore, he was under fear and was required to take a
drastic step of consuming sleeping pills. The statement also
indicate that he had approached Dr.Wani and complained of
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cough and cold and had also stated that he is not getting proper
sleep and, hence, Dr.Wani had prescribed ten sleeping pills to
him. He purchased the tablets from three different medical
stores.
8 The statement of the wife of the complainant
Smt.Yangama Devar recorded on 14th October, 2007, mentions
that three months ago a person named Satish had visited their
residence and threatened of dire consequences in case the
payment in relation to the credit card of ICICI Bank is not made.
The said person then kept on calling at their residence and
demanded the money. She further stated that her husband had
informed her that since last 10 to 12 days the said person had
telephoned him at office and insisted for payment of installments
and due to that he was disturbed. Statement of Vyantakesh D.
Pathros dated 8th October, 2007 indicate that he is brother-in-law
of the complainant. The complainant informed him that due to
oversight he had consumed excessive medicine. He was taken to
the hospital for treatment. In his supplementary statement dated
14th October, 2007, however, he has stated that on inquiry being
made with the complainant, he informed that the reason for
consuming the sleeping pills is that he was under tension on
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account of harassment caused by the accused for non-payment of
the dues towards the credit card of Citi Bank. The statement of
Dr.Wani refers to the treatment given to the complainant and the
medicine prescribed by him. The statement of Dilip Kumar Jain
mentions that he is the proprietor of jewellery shop. He stated
that he is having a shop of jewellery at New Panvel and that the
complainant and his friend had visited his shop one year ago for
purchasing jewellery for his friend. The jewellery was sold and
the balance amount of Rs.25,000/- towards the purchase is still
due. He further stated that the complainant and his wife had also
visited the shop and made purchases worth Rs.1,30,000/- by
using credit card. The amount of Rs.75,000/- was paid towards
the said purchase and the balance amount of Rs.40,000/- is still
due from them. The said shopkeeper tried to approach them for
recovery of money but could not succeed.
9 The prosecution is thus, relying upon the evidence in
the nature of the statement of the complainant and other
witnesses referred to hereinaove. Assuming that the version of
the said witnesses including the complainant is true, it cannot be
said that the prosecution has made out a case for framing charge
against the applicant. The prosecution is trying to urge that the
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victim had attempted suicide. Since the suicide was attempted on
account of alleged harassment, coercion, threat etc., the accused
is responsible for instigating the victim for such attempt. Hence,
there was an attempt to commit suicide and since the
complainant was abeted to commit such act with the aid of
Section 511 of IPC, the applicant is being prosecuted. First of all,
the material on record taken as it is, does not in any manner
fulfill the requirement of abetment to the victim to commit the
alleged act. Accused was acting at the instance of the bank for
recovery of the dues of the bank. Admittedly, the victim had
utilized the credit card of the Citi Bank. The bank was, thus,
trying to recover an amount of Rs.1,30,000/-. Demanding the
money from the complainant and assuming that he was
threatened of dire consequences is in no manner can constitute
an act of abetment. The Sessions Court has committed an error
while rejecting the application by observing that there is grave
suspicion against the accused that due to his alleged acts, the
victim was forced to commit suicide.
10 In the case of S.C. Chheena (Supra), the Apex
Court has observed that abetment involves a mental process of
instigating a person or intentionally aiding a person in doing of a
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thing. Without a positive act on the part of the accused to
instigate or aid in committing suicide, conviction cannot be
sustained. The intention of the legislature and the ratio of the
case decided by this Court is clear that in order to convict a
person under Section 306 of IPC, there has to be a clear mens rea
to commit the offence. It also requires an active act or direct act
which led the deceased to commit suicide seeing no option and
that act must have been intended to push the deceased into such
a position that he committed suicide. Applying the ratio laid down
in the said decision, it will have to be held that even if the act
committed by the victim would have been accomplished, it would
not have been an offence under Section 306 of IPC and the
question of invoking Section 511 with Section 306 does not arise.
In the present case, it is also apparent that the victim had earlier
attempted suicide on account of the demands towards the
payment of dues of credit card of ICICI Bank. The complainant’s
statement also indicate that he is habitually consuming liquor and
even on the date of incident he had consumed liquor followed by
sleeping pills of Trica company. It appears that the victim is
hypersensitive to ordinary discord and differences. In the
decision referred above, the Supreme Court has taken into
consideration similar conduct of the victim and has observed that,
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human sensitivity of each individual differs from the other.
Different people behave differently in the same situation. In
another decision in the case of M.Mohan (Supra), decided by
the Supreme Court, similar question was considered by the
Court. It was observed that, the intention of legislature and the
ratio of cases decided by Court, are clear that, in order to convict
a person under Section 306 IPC there has to be clear mens rea to
commit the offence. It also requires an active act or direct act
which led the deceased to commit suicide. In the case of Madan
Mohan Singh (Supra), the Supreme Court has observed that in
order to bring out an offence under Section 306 of IPC, specific
abetment, as contemplated by Section 107 of IPC on the part of
the accused with an intention to bring out the suicide of a person
concern as a result of that the abatement is required. The
intention of the accused to aid or to instigate or to abet the
deceased to commit suicide is a must for this particular offence
under Section 306 of IPC. In the case of Sanju @ Sanjay Singh
Sengar (Supra), it is observed that Section 107 of IPC define
abetment to mean that a person abets the doing of a thing, if he
firstly instigates a person to do that thing; or secondly, engages
with one or more other person or persons in any conspiracy for
the doing of that thing, if an act or illegal omission takes place in
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pursuance of that conspiracy, and in order to the doing of that
thing; or intentionally aids, by any act or illegal omission, the
doing of that thing.
11 In the light of the observations of the Supreme Court
in the aforesaid decision, applying the said ratio in the facts of
this case, it cannot be said that there was any abetment on the
part of the accused as required under Section 306 of IPC. In
absence of any evidence of abetment, it would be absurd to
prosecute the accused by invoking Section 511 of the IPC.
“Abetment” has been defined under Section 107 of the Code. It
would be appropriate to reproduce the said provision, which
reads as under:
“Section 107 in The Indian Penal Code
107 Abetment of a thing.–A person abets the doing of a
thing, who–
First — Instigates any person to do that thing; or
Secondly. –Engages with one or more other person or
persons in any conspiracy for the doing of that thing, if an
act or illegal omission takes place in pursuance of that
conspiracy, and in order to the doing of that thing; or
Thirdly — Intentionally aids, by any act or illegal omission,
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the doing of that thing.
Explanation 1.–A person who, by wilful
misrepresentation, or by wilful concealment of a material
fact which he is bound to disclose, voluntarily causes or
procures, or attempts to cause or procure, a thing to be
done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a
Court of Justice to apprehend Z. B, knowing that fact and
also that C is not Z, wilfully represents to A that C is Z,
and thereby intentionally causes A to apprehend C. Here
abets by instigation the apprehension of C.
Explanation 2.–Whoever, either prior to or at the
time of the commission of an act, does anything in order
to facilitate the commission of that act, and thereby
facilitate the commission thereof, is said to aid the doing
of that act.”
12 On analysing the element of word “abetment”, as
contemplated under Section 107 of IPC, by no stretch of
imagination it can be said that, ingredients of the abetment are
attracted on the basis of statement of the complainant and other
witnesses. There should be intention to provoke, instigate or
encourage doing of an act by the accused.
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13 In the present case, the victim has survived and
thereby it was construed that he had attempted suicide. Such an
attempt constitute an offence under Section 309 of IPC against
the person who commits such an act. No prosecution was
launched against the complainant for the said offence.
Shockingly, the prosecution has been launched against the
applicant with the aid of Section 511 of the IPC. It would be
necessary to embark upon the said provision, which reads as
under:
511 Punishment for attempting to commit offences
punishable with imprisonment for life or other
imprisonment.–Whoever attempts to commit an offence
punishable by this Code with 1[imprisonment for life] or
imprisonment, or to cause such an offence to be commit-
ted, and in such attempt does any act towards the
commission of the offence, shall, where no express
provision is made by this Code for the punishment of such
attempt, be punished with 2[imprisonment of any
description provided for the offence, for a term which may
extend to one-half of the imprisonment for life or, as the
case may be, one-half of the longest term of imprisonment
provided for that offence], or with such fine as is provided
for the offence, or with both.
Illustrations
(a) A makes an attempt to steal some jewels by
breaking open a box, and finds after so opening the box,
that there is no jewel in it. He has done an act towards the
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commission of theft, and therefore is guilty under this
section.
(b) A makes an attempt to pick the pocket of Z by
thrusting his hand into Z’s pocket. A fails in the attempt in
consequence of Z’s having nothing in his pocket. A is
guilty under this section.
Classification of Offence. – The offence under this section
is, according as the offence is cognizable or non-
cognizable; according as the offence attempted is bailable
or non-bailable, non-compoundable and triable by the
Court by which the offence attempted is triable.”
14 The following conditions are required to constitute to
justify application of Section 511 of IPC.
(a) The offender should have done some act towards
commission of the main offence;
(b) Such an attempt is not expressly covered as a penal
provisions elsewhere in the IPC.
It was imprudent of the investigating agency to
register an FIR against the applicant charging him under Section
306 read with 511 of IPC. There is no evidence even, prima facie,
to indicate that the offender have done any act towards
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commission of main offence. In the absence of any material in
that regard, the question of applying Section 511 does not arise.
The main offence would have been an abetment to commit
suicide. There cannot be an offence of attempt to commit an
offence of abetment to commit suicide. The attempt is by the
victim and it was not an attempt in any manner by the accused.
IPC refers to several offences relating to attempt to commit penal
offences. The attempts specifically provided for are Section 121,
attempt to wage war against the Government of India. Section
124, attempt wrongfully to restrain the President andother high
officials with intent to induce or compel them to exercise or
refrain from exercising any of their lawful powers. Section 125,
attempt to wage war against the Government of any Asiatic
Power in alliance or at peace with the Government of India.
Section 130, attempt to rescue State prisoners or prisoners of
war. Section 161, attempt by a public servant to obtain an illegal
gratification. Section 162, attempt to obtain a gratification in
order by corrupt or illegal means or to influence a public servant.
Section 163, attempt to obtain a gratification for exercising
personal influence over a public servant. Section 169, attempt to
use as the evidence known to be false. Sections 198, 200, attempt
to use as true a certificate or declaration known to be false in a
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material point. Section 213, attempt to obtain a gratification to
screen an offender from punishment. Sections 239 and 240,
attempt to induce a person to receive a counterfeit coin. Section
241, attempt to induce a person to receive as genuine counterfeit
coin which, when the offender took it, he did not know to be
counterfeit. Sections 307 and 308, attempts to commit murder
and culpable homicide. Section 309, attempt to commit suicide.
Sections 385, 387 and 389, attempt to put a person in fear of
injury or accusation in order to commit extortion. Section 391,
conjoint attempt of five or more person to commit dacoity.
Section 393, 394 and 398, attempts to commit robbery. Section
460, attempt by one of many joint house breakers by night to
cause death or grievous hurt. Abetment to commit suicide is an
independent offence and there cannot be any attempt to abet in
commission of suicide. On the contrary, the act of the victim
would invite prosecution under Section 309 of IPC against him.
Section 511 of IPC has been incorporated with the different
purposes. The gist of Section 511 is attempt to commit an offence
falling under certain categories. This section applies where no
specific provision for attempt to commit an offence has been
provided in the Code itself.
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rpa 21/26 revn-435-16.doc15 An attempt is an overt act immediately immediately
connected with the commission of an offence and forming part of
a series of acts which, if not interrupted or frustrated or
abandoned would result in the commission of completed offence.
Attempt is nothing but a preliminary crime failure to commit
substantive crime. In the present case, the attempt to commit
suicide is mad e by complainant. Section 511 IPC refers to
attempt by the accused who fail to accomplish the crime. The
words "to cause such an offence tobe committed would also not
cover the situation contemplated in the present case.
16 In the case of Abhayanand Mishra Vs. State of
Bihar5. The Supreme Court has dealt with the issue whether in
that case, the accused could be convicted for an offence under
Section 420/511 IPC. After analysing the law relating to attempt,
and referring to various decisions in paragraph 26, it was
observed as follows:
"We may summarise our views about the
construction of S.511, I.P.C. thus: A person commits
the offence of 'attempt to commit a particular
offence' when (i) he intends to commit that particular
offence; and (ii) he, having made preparations and
with the intention to commit the offence, does an act5 AIR 1961 SC 1698
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rpa 22/26 revn-435-16.doctowards its commission; such an act need not be the
penultimate act towards the commission of that
offence but must be an act during the course of
committing that offence."17 Thus, the accused intends to commit particular
offence and having made preparation and with intention to
commit the offence, does the act towards commission, whether
this requirement of law can be applied in the present case. The
question which arises for consideration is :
(i) Is there any intention to abet suicide?;
Was there any preparation and attempt to accomplish the crime?
18 The same principle was reiterated by Apex Court in
subsequent decision in the case of Omprakash Vs. State of
Punjab6 and in the case of Sudhir Kumar Mukherjee Vs. State
of West Bengal7. In the decision of Omprakash (Supra) it is
observed that the expression 'whosoever attempt to commit an
offence' in Section 511 can only mean "whoever intends to do a
certain act with intent or knowledge necessary for the
commission of that offence." In the case of State of
6 AIR 1961 SC 1782
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rpa 23/26 revn-435-16.docMaharashtra Vs. Mohd. Yakub Ors.8, the Supreme Court
was pleased to analyse the law on attempt. It would be relevant
to quote paragraphs 13 and 31 of the said judgment to
understand the issue.
"13 Well then, what is an "attempt"? Kenny in
his 'Outlines of Criminal Law' defined "attempt" to
commit a crime as the "last proximate act which a
person does towards the commission of an offence,
the consummation of the offence being hindered by
circumstances beyond his control." This definition is
too narrow. What constitutes an "attempt" is a mixed
question of law and fact, depending largely on the
circumstances of the particular case. "Attempt"
defies a precise and exact definition. Broadly
speaking, all crimes which consist of the commission
of affirmative acts are preceded by some covert or
overt conduct which may be divided into three
stages. The first stage exists when the culprit first
entertains the idea or intention to commit an offence.In the second stage, he makes preparations to
commit it. The third stage is reached when the
culprit takes deliberate overt steps to commit the
offence. Such overt act or step in order to be
'criminal' need not be the penultimate act towards
the commission of the offence. It is sufficient if such
act or acts were deliberately done, and manifest a8 AIR 1980 SC 1111
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rpa 24/26 revn-435-16.docclear intention to commit the offence aimed, being
reasonably proximate to the consummation of the
offence. As pointed out in Abhayanand Mishra Vs.
State of Bihar, (1962) 2 SCR 241 there is a
distinction between 'preparation' and 'attempt'.
Attempt begins where preparation ends. In sum, a
person commits the offence of 'attempt to commit a
particular offence' when (i) he intends to commit that
particular offence; and (ii) he, having made
preparations and with the intention to commit the
offence, does an act towards its commission; such an
act need not be the penultimate act towards the
commission of that offence but must be an act during
the course of committing that offence.31 Let me now state the result of the search and
research: In order to constitute 'an attempt', first,
there must be an intention to commit a particular
offence, second, some act must have been done
which would necessarily have to be done towards the
commission of the offence, and, third, such act must
be 'proximate' to the intended result. The measure of
proximity is not in relation to time and action but in
relation to intention. In other words, the act must
reveal, with reasonable certainty, in conjunction with
other facts and circumstances and not necessarily in
isolation, an intention, as distinguished from a mere
desire or object, to commit the particular offence,
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rpa 25/26 revn-435-16.docindicative of such intention; but, that it must be, that
is, it must be indicative or suggestive of the
intention."19 Applying the said analogy and test laid down in the
aforesaid decision, in the present case, it cannot be said that
there is any abetment to commit the alleged crime or any attempt
to do so. Apart from that, in my considered opinion, the accused
cannot be prosecuted by involving Section 511 to be read with
Section 306 IPC.
20 In the aforesaid circumstances, I do not think that
there was any evidence, even, prima facie, to proceed against the
applicant for the alleged offences, and, therefore, the applicant
should have been discharged by the trial Court.
21 For the reasons stated above, the application
deserves to be allowed. Hence, I pass the following order:
:: O R D E R ::
(i) Criminal Revision Application is allowed;
(ii) The impugned order dated 6th May, 2016,
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rpa 26/26 revn-435-16.docpassed by the Ad-hoc Assistant Sessions Judge-
I, Raigad-Alibag, is set aside and the applicant
is discharged in the proceedings arising out of
Criminal Case No.100031/2014, pending before
the Sessions Court at Raigad - Alibag.
(PRAKASH D. NAIK, J.)
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