Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the allegation in the first information report is that Sushil Sony, the husband of the first informant committed suicide as he was terrorized by the accused persons, who are three in number being the applicant, Smt. Kuli devi and Brijnandan Yadav because of a reason that there was a dispute with them and they had also beaten him earlier. They are living in front of the house of the first informant. It is argued that even the factum of suicide is suggestive from the post mortem examination report wherein the deceased has received a single ligature mark on his body and cause of death has been opined asphyxia as a result of hanging. It is further argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. It is argued that the deceased has also left a suicide note which is although disputed but even therein the applicant is not named. The applicant has no motive at all to commit the aforesaid offence. The applicant has no criminal history as is stated in para 20 of the affidavit and is languishing in jail since 30.05.2021.
