The High Court of Chhattisgarh dismissed a Criminal Reference challenging an acquittal. It held that beating the deceased after a verified theft did not amount to abetting his subsequent suicide. Leave to appeal was denied.
Criminal Reference dismissed; leave to appeal denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRMP No. 2076 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 2076 of 2019
---- Petitioner
Versus
2. Lakhanlal Sahu S/o - Jhurog Sahu Aged About 72 Years R/o - Village Kesra, Police Station Ranitarai, District Durg Chhattisgarh
---- Respondent
For Petitioner
Mr. R. Tripathi, Panel Lawyer
DB: Hon'ble Mr. Justice Prashant Kumar Mishra &
Hon'ble Mr. Justice Gautam Chourdiya
Order On Board by Prashant Kumar Mishra, J.
16/9/2019
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CRMP No. 2076 of 2019
Section 305/34 of IPC.
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CRMP No. 2076 of 2019
committed suicide by self-ablaze. The suicide took place after the accused persons gave beating to the deceased on the allegation of commission of theft, which was in fact found to be correct as per the statement of PW-1 Parvati Bai, mother of the deceased, who found Rs.550/- in the notebook of the deceased, which was returned to accused Mohd. Yaseen. Thus, the allegation of commission of theft was found correct, therefore, any beating to the deceased given thereafter may attract commission of offence under Section 323 of IPC but the same would not amount to abetment to commit suicide.
10.The CRMP is dismissed.
Sd/- Sd/- ( Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge
Shyna
2 issues framed by the court
Whether the death of the deceased amounts to abetment to commit suicide under Section 305 IPC or merely an assault after a verified theft.
Whether a Criminal Reference filed against acquitted accused satisfies the requirements for granting leave to appeal.
2 provisions across 1 enactments
State Of Chhattisgarh Through Police Station Ranitarai, District Durg
Mohd. Yaseen
Lakhanlal Sahu
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
