Court No. - 18 Case :- U/S 482/378/407 No. - 3175 of 2010 Petitioner :- Buddhu @ Budhi Ram And 2 Others Respondent :- State Of U.P. And Another Petitioner Counsel :- M.S. Siddiqui Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioners, learned A.G.A. for opposite party
no.1 and perused the material on record.
The submission of the petitioners’ counsel is that even accepting the allegation
of the prosecution case, no commission of offence of section 306 I.P.C. is,
prima facie, made out against the petitioners. It has been pointed out that,
according to the prosecution version, the deceased had deserted his wedded
wife, sold his share in the property and gave the money to petitioner no.2 and
her parents and without marring with petitioner no.2 insisted her to go along
with him and when she refused, he consumed some poison substance as a
consequence thereof he died. The contention is that on the basis of the
alleged circumstances, the petitioners cannot be said to have committed the
offence of abetment in the commission of suicide by the deceased.
Issue notice to opposite party no.2 returnable at an early date.
Counter-affidavit may be filed within a period of four weeks. Rejoinder-
affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
Till the next date of listing, further proceedings in Criminal Case No.3259 of
2009 relating to Case Crime No.220 of 2009 under section 306 I.P.C., Police
Station Bheethi, District Ambedkar Nagar, pending in the Court of Judicial
Magistrate, Ambedkar Nagar, shall remain in abeyance.
Order Date :- 12.8.2010
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