Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 25 September 2013

306 ipc

Hi Experts,

One person was in debt of so many peoples for an amount of 3 crores approximately. He committed suicide (Feb' 2013) because he was very suffocated from his debtors, left with a suicide note that he was instigated to commit suicide by 10 people. That note duly recovered by police from spot and this news was well published in 5 local newspapers.

Initially the police was bribed by those 10 people and matter was put to almost close files. But the son of deceased was in pipeline to courts with the application of 306 u/s 156(3). This process was continue from last 5-6 months and now the matter is fixed for evidence of complainant.

My question is.......

1. Will the matter be entertained by court?

2. One of those 10 persons, was in abroad for 4 months before the above said suicide took place. Even than he was named in above suicide note. What is his fate in case the matter is registered u/s 306 IPC?

3. What system will be followed with these 10 people, in case matter is registered u/s 306 IPC?

Please reply me, its urgent.

Thanks.

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3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 26 September 2013

Is FIR registered? Charge-sheet filed???

OR MATTER IN SESSIONS COURT??

One has no choice except Bail/ Defend .

was suicide note approved by hand writing experts that of the decesed??

Did police prove the amt debt/ any threate by cerditors??

R Trivedi (advocate.dma@gmail.com) 26 September 2013

Your details suggests that investigation has resulted into some prima facie evidence. If there is no direct evidence for harassment or threat by any of these 10 people then case is not made out. simple philosophy works that it was in the interest of these 10 people that he should remain alive. If he has committed suicide after naming these 10 people, then it has two possibilities:

1. genuine harassment : For which son needs to provide evidence.

2. To safeguard his son etc from further demand by these 10 people.

3. Plain and simple frustration and outburst.

So many farmers commit suicide in Maharastra / Andhra under debt, and lender will always seek his money by continuous follow up. Problem could be if any force was used, otherwise no problem. For the accused who was in abroad move HC under S.482, but wait till charges are framed, if at all.

T. Kalaiselvan, Advocate (Advocate) 29 September 2013

mere claim will not be sufficient before the law to prove the case, substantial evidence has to be established, of course it will take its own course of time to come out scot free