Gopal @ Sanket S/O. Ramakant Parsutkar v. State Of Maharashtra Thr. P.S.O., P.S. Gadchandur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 825/2018 Gopal @ Sanket s/o Ramakant Parsutkar V/s State of Maharashtra, Thr. P.S.O., P.S. Gadchandur, Tah. Korpana, Dist. Chandrapur.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sumedh Kadam, counsel h/f for Shri R.R. Vyas, counsel for the applicant.

Shri H.D. Dhumale, APP for the non-applicant. CORAM : M.G. GIRATKAR, J DATE : 13.12.2018.

Heard Shri Sumedh Kadam, holding counsel for Shri R.R. Vyas, learned counsel for the applicant. The learned counsel for the applicant has submitted that the allegation in the F.I.R. is not sufficient to constitute the offence punishable under Section 305 of Indian Penal Code. He has pointed out the decision in the case of Ramesh Kumar v/s State of Chhattisgarh, reported in (2001) 9 SCC 618 and submitted that the word utter is not sufficient to abate to commit suicide. From perusal of the report, it appears that the applicant and deceased were having love affairs. They were of same caste and residing in the said village. The applicant promise to marry her, when the applicant refused to marry, she was frustrated and commit to suicide. What is instigation, as defined under Section 107 is to be decided after the trial. It defers from man to

2 10aba825.18.doc man persons to person it is mental condition. Some words may affect the mental condition. At this stage the dying declaration of the deceased show that the applicant refuses to marry and therefore she has committed suicide. The investigation is in progress. At that this stage, he is not entitled for protection under Section 438 of the Criminal Procedure Code.

Hence, the following order.

ORDER

The criminal application is rejected.

JUDGE rkn