Harisingh vs The State Of Madhya Pradesh on 27 July, 2026

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    Madhya Pradesh High Court

    Harisingh vs The State Of Madhya Pradesh on 27 July, 2026

                                    NEUTRAL CITATION NO. 2026:MPHC-IND:20445
    
    
    
    
                                    1                                     Cr.R. No.5804/2025
                                     IN THE HIGH COURT OF MADHYA
                                                            PRADESH
                                                         AT INDORE
                                                              BEFORE
                                        HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
                                                       Cr.R. No.5804/2025
                                            HARISINGH S/O BALU MOHANIYA
                                                                 VS.
                                                         STATE OF M.P.
    
    
                               Appearance:
                                        Shri Nilesh Dave - Advocate for the petitioner.
                                        Shri Ambuj Patel - G.A for the respondent/State.
                               ______________________________________________________
                                                         Reserved on : 22/07/2026
                                                            Post on : 27/07/2026
                               ______________________________________________________
    
                                                                ORDER
    

    1. This Criminal Revision has been preferred under Sections
    397
    and 401 of the Code of Criminal Procedure, 1973 (read with

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    SPONSORED

    2 Cr.R. No.5804/2025
    Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita,
    2023). The revisionist/applicant assails the impugned order dated
    12/09/2025 passed by the learned IIIrd Additional Sessions Judge,
    Sardarpur, District Dhar, M.P. in Session Trial No.31/25 arising out
    of Crime No.347/24.

    2. By the impugned order, the learned trial court has framed
    charges against the applicant under Section 306 of the Indian Penal
    Code, 1860 (IPC) / Section 108 read with Section 3(5) of the
    Bharatiya Nyaya Sanhita, 2023 (BNS). The applicant seeks the
    relief of setting-aside the said impugned order and discharging him
    from the alleged offenses.

    FACTS IN BRIEF

    3. As per the case of the prosecution, on 23/08/2024, the
    concerning police received a merg intimation from the complainant.
    Consequently, a merg under Section 194 of B.N.S.S., 2023 was
    registered at Merg No. 53/24. It was reported that the deceased,
    Mohan, had committed suicide by hanging himself.

    4. The prosecution alleges that the applicant and co-accused
    Vijay instigated the deceased Mohan to commit suicide by
    demanding money and threatening to register a false FIR of

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    3 Cr.R. No.5804/2025
    molestation against him. Based on these allegations, P.S. Rajgarh,
    District Dhar, M.P. registered an FIR at Crime No.347/24 against
    the applicant under Section 108 and 3(5) of the BNS, 2023.

    5. After the conclusion of the investigation, a charge sheet was
    filed, and the learned trial court proceeded to frame charges under
    Section 306 of the IPC / 108 read with 3(5) of the BNS, 2023
    against the applicant vide the impugned order dated 12/09/2025.

    CONTENTIONS OF THE REVISIONIST

    6. The applicant contends that the impugned order framing
    charges is neither legal, proper, nor correct. It is submitted that the
    learned lower Court drew unwarranted inferences without properly
    considering the facts and the law, and failed to appreciate that the
    acts of the applicant do not fall within the purview of abetment,
    instigation, or intentional aiding.

    7. The revisionist heavily relies on the fact that there is no
    suicide note left by the deceased implicating the applicant, nor was
    any prior FIR lodged by the deceased regarding alleged harassment
    or extortion. The applicant states that the deceased was accused of
    molesting the applicant’s wife, leading to a compromise before the

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    4 Cr.R. No.5804/2025
    Panchayat between the parties, and the present FIR contains only
    general and omnibus allegations.

    8. Placing reliance on the judgments of the Hon’ble Apex Court
    in Sanju @ Sanjay Singh Sengar Vs. State of M.P. AIR 2002
    Supreme Court 1998, Arnab Manoranjan Goswami Vs. State of
    Maharashtra
    (2021) 1 Supreme Court Cases (Cri) 83, Shabbir
    Hussain Vs. State of M.P. , Roop Kishore Madan Vs. State, and
    Priti Gupta Vs. State of Jharkhand 2010 SCC (7), the applicant
    argues that mere harassment, without any positive action proximate
    to the time of occurrence compelling the suicide, cannot equate to
    an offense under Section 306 of the IPC. The deceased had the
    option to lodge an FIR but chose not to do so.

    CONTENTIONS OF THE STATE / RESPONDENT

    9. Per contra, the learned counsel representing the State
    vehemently opposed the present revision. It is argued that the
    impugned order is well-reasoned and based on the material
    available in the charge sheet.

    10. The State/respondent submits that the statements recorded
    during the investigation, particularly that of the deceased’s wife,
    prima facie establish that the applicant and the co-accused

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    5 Cr.R. No.5804/2025
    continuously harassed and threatened the deceased, which drove
    him to end his life. The State asserts that at the stage of framing
    charges, only a prima facie case is to be seen, and no interference is
    warranted.

    ANALYSIS AND CONCLUSION

    11. Heard the parties and perused the record available.

    12. At the outset, it is imperative to delineate the scope of
    revisional jurisdiction under Sections 397 and 401 of the Cr.P.C.
    The Revisional Court exercises supervisory jurisdiction and does
    not function as a regular Court of Appeal. A roving inquiry or a
    meticulous re-appreciation of evidence is generally impermissible
    unless required to prevent a gross miscarriage of justice.

    13. The legal framework surrounding Section 306 of the IPC is
    well crystalized by the Apex Court. To successfully establish the
    charge of abetment, the prevailing law dictates that the act of the
    accused must inevitably be the direct and proximate cause of the
    tragic suicide, accompanied by a clear mens rea. In the landmark
    case of Sanju v. State of M.P., (2002) 5 SCC 371 : (2002) SCC
    (Cri) 1141 : 2002 SCC OnLine SC 548, the Hon’ble Supreme
    Court elucidated the concept of instigation as follows:

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41

    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    6 Cr.R. No.5804/2025
    “12. The word “instigate” denotes incitement or
    urging to do some drastic or inadvisable action or to
    stimulate or incite. Presence of mens rea, therefore, is
    the necessary concomitant of instigation. It is common
    knowledge that the words uttered in a quarrel or on
    the spur of the moment cannot be taken to be uttered
    with mens rea. It is in a fit of anger and emotion.”

    14. Further enriching this jurisprudence, the Hon’ble Apex Court
    in the recent judgment of Prakash and others vs. the State of
    Maharastra and Anr.
    2024 INSC 1020 has authoritatively held
    the following regarding the necessity of a positive act:

    “17. This Court held that abetment involves the mental
    process of instigating a person or intentionally aiding
    a person in doing of a thing. Therefore, without a
    positive act on the part of the accused to instigate or
    aid a person in committing suicide, conviction cannot
    be sustained. This Court further observed that the
    intention of the legislature and the ratio of the cases
    decided by this Court is clear that in order to convict a
    person under Section 306 of IPC, there has to be a
    clear mens rea to commit the offence. Abetment also
    requires an active act or direct act which led the
    deceased to commit suicide seeing no other option and
    that act must have been intended to push the deceased
    into such a position that he committed suicide.
    However, this Court has cautioned that since each
    person reacts differently to the same provocation
    depending on a variety of factors, it is impossible to
    lay down a straightjacket formula to deal with such

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    7 Cr.R. No.5804/2025
    cases. Therefore, every such case has to be decided on
    the basis of its own facts and circumstances.”

    “22. It could thus be seen that this Court observed
    that in cases of alleged abetment of suicide, there must
    be a proof of direct or indirect act(s) of incitement to
    the commission of suicide. It has been held that since
    the cause of suicide particularly in the context of the
    offence of abetment of suicide involves multifaceted
    and complex attributes of human behaviour, the court
    would be looking for cogent and convincing proof of
    the act(s) of incitement to the commission of suicide.
    This Court further observed that a mere allegation of
    harassment of the deceased by another person would
    not suffice unless there is such action on the part of the
    accused which compels the person to commit suicide.
    This Court also emphasised that such an offending
    action ought to be proximate to the time of occurrence.
    It was further clarified that the question of mens rea on
    the part of the accused in such cases would be
    examined with reference to the actual acts and deeds
    of the accused. It was further held that if the acts and
    deeds are only of such nature where the accused
    intended nothing more than harassment or a snap-
    show of anger, a particular case may fall short of the
    offence of abetment of suicide, however, if the accused
    kept on irritating or annoying the deceased by words
    or deeds until the deceased reacted or was provoked, a
    particular case may be that of abetment of suicide.
    This Court held that owing to the fact that the human
    mind could be affected and could react in myriad ways
    and that similar actions are dealt with differently by

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    8 Cr.R. No.5804/2025
    different persons, each case is required to be dealt
    with its own facts and circumstances.”

    15. In the present case, the entire framework of charges against
    the applicant rests heavily on the deposition of the deceased’s wife,
    Rajubai, who deposed as follows:

    “She stated that I live at the above address and do
    farming and I have four children. I am the first wife of
    my husband Mohan and the second wife is Pilabai,
    who has one child. On 23.08.2024, at around 02.30 in
    the afternoon, I was working in the field in front of the
    house with my father-in-law Bapu Kharadi, father Vija
    Kharadi. When I heard my son Akhilesh, son of
    Mohan Kharadi, shouting loudly that his father Mohan
    had hanged himself inside the house, I and my father-
    in-law Bapu Kharadi came running and my brother-in-
    law Roop Singh also came running from the house in
    front and saw that my husband Mohan was lying on
    the ground and his breathing had stopped, he was dead.
    My husband Mohan had given Rs. 1 lakh 20 thousand
    to Harsingh, son of Balu Mohaniya, caste Bhil,
    resident of Tikmajhiri, a resident of our own village,
    due to need, for which a written document was not
    made because there is no written document for
    transactions in the village. My husband Mohan had
    given Rs. 1 lakh 20 thousand to Harsingh, son of Balu
    Mohaniya, caste Bhil, resident of Tikmajhiri, several
    times. He asked for the money he had given to him but
    Harsingh did not return the money and instead
    instructed his son Vijay’s wife Janabai to file a report
    of molestation against Mohan but Janabai did not file

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    9 Cr.R. No.5804/2025
    the report because Harsingh was pressurizing my
    husband Mohan so that my husband Mohan does not
    have to return the money given to Harsingh, then due
    to my husband Mohan’s respect and shame, a
    Panchayat was held in the village, in which my
    husband Mohan gave Rs. 3 lakh 30 thousand to
    Harsingh and Harsingh’s son Vijay on 26.06.2024 in
    front of witnesses Nansingh father Kodaria Bhil
    resident of Ambedi and Sohan father Nana Bhil
    resident of Lalpura and Gulla father Mansingh Bhil
    resident of Tikmajhiri and Lobhan father Budaria
    resident of Tikmajhiri, for which a compromise was
    written, the signatures of witnesses and Vijay and
    husband Mohan were made by the Panchas on that
    compromise, that Panchnama was done by my elder
    brother-in-law Rupsingh. He has been presented at the
    police station today. After giving Rs. 3 lakh 30
    thousand, my husband Mohan gave Rs. 1 lakh 20
    thousand to Harsingh, that too was not returned. On
    21.08.2024 at around 5.30 pm, Harsingh and his son
    Vijay came to our house and at that time, I and my
    elder brother-in-law Rupsingh and my father-in-law
    Bapu Kharadi and son Akhilesh Kharadi were present,
    then Harsingh and Vijay said that if you do not give
    me more money, they will get a report of molestation
    filed by their daughter-in-law Janabai. After that,
    Harsingh and Vijay left. My husband Mohan told me
    at that very moment that now I will not survive and
    will commit suicide by hanging myself. Vijay and
    Harsingh have tortured me a lot. I am mentally
    disturbed by their torture. They gave me Rs. 1 lakh 20
    thousand and they have not returned that too and are
    making false allegations against me. On 23.08.2024 at

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    10 Cr.R. No.5804/2025
    about 02.30 pm my husband Mohan committed suicide
    by hanging himself. Vijay and Harsingh used to torture
    my husband for filing a report of molestation. Fed up
    with their torture my son Mohan committed suicide by
    hanging himself in his house. This is my statement.”

    16. A careful and judicial scrutiny of this pivotal statement
    reveals glaring and irreconcilable discrepancies that strike at the
    very root of the prosecution’s case. It is an admitted position within
    the statement itself that a compromise concerning an amount of
    Rs.3,30,000/- had already taken place before the Panchayat on
    26.06.2024.

    17. More importantly, the complainant states that the deceased
    gave a further sum of Rs.1,20,000/- to the applicant, which was not
    returned. If this fact is assumed to be true, the applicant legally
    assumes the position of a borrower/debtor, and the deceased was
    the lender/creditor. It defies basic human logic, normal behavioral
    conduct, and common sense as to why a borrower would visit the
    home of the lender to demand more money, let alone threaten the
    lender for extortion. The learned trial court completely failed to
    appreciate this inherent absurdity in the charge sheet.

    18. Furthermore, the timeline of events completely negates the
    legal requirement of “proximity” as mandated by the Hon’ble

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    11 Cr.R. No.5804/2025
    Supreme Court. According to the FIR and the statement, the alleged
    threat by the applicant to file a false molestation case was delivered
    on 21.08.2024 at around 5:30 PM. However, the deceased
    committed suicide on 23.08.2024 at about 02:30 PM.

    19. Applying the ratio of the Apex Court in Sanju @ Sanjay
    Singh Sengar
    (supra) to these exact facts, a gap of approximately
    two days between the alleged threat and the act of suicide
    conclusively demonstrates that the suicide was not the direct,
    immediate, or proximate result of the altercation. The deceased had
    ample time to reflect and had the legal option to lodge an FIR
    regarding the alleged extortion or harassment, but chose not to do
    so. The lack of a suicide note further weakens the prosecution’s
    attempt to establish a continuous and unbroken chain of harassment
    leading directly to the suicide.

    20. Lastly, guidance must be taken from the decision of the
    Hon’ble Supreme Court in Dhirubhai Nanjibhai Patel Lotwala
    versus State of Gujarat & Anr. (SLP (Crl.) No(s). 4644/2025;
    March 10, 2026). The Apex Court held that mere persistent
    demands for money, or the frequency of disputes without evidence
    of physical assault or a positive act intending to push the deceased
    to suicide, do not constitute the offense of abetment. A threat to file

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    12 Cr.R. No.5804/2025
    a case, while perhaps amounting to harassment, does not equate to
    the necessary mens rea required to compel a person to end their life,
    leaving them with no other option.

    21. In view of the elaborate analysis above, this Court finds that
    the learned trial court acted mechanically in framing the charges
    against the applicant. The essential ingredients of Section 306 of the
    IPC and Section 108 of the BNS namely, a proximate positive act
    of instigation and the requisite mens rea to abet the suicide are
    particularly lacking in the entire charge-sheet.

    22. Even if the prosecution case is taken at its highest and the
    allegations are accepted in their entirety, the acts attributed to the
    applicant cannot, in law, be equated with abetment or intentional
    aiding. The allegations are fundamentally improbable, and the
    alleged threat is completely detached from the act of suicide by a
    substantial gap of two days.

    23. Therefore, allowing the trial to proceed based on such
    fundamentally deficient material would be a futile exercise and a
    grave abuse of the process of the Court. The impugned order
    framing the charge suffers from patent illegality, non-application of
    judicial mind, and a clear jurisdictional error that demands

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41
    NEUTRAL CITATION NO. 2026:MPHC-IND:20445

    13 Cr.R. No.5804/2025
    interference in revisional jurisdiction to prevent a miscarriage of
    justice.

    24. In the result, the present Criminal Revision is allowed.

    25. The impugned order dated 12/09/2025 passed by the learned
    IIIrd Additional Sessions Judge, Sardarpur, District Dhar, M.P. in
    Session Trial No.31/25, framing charges against the applicant, is
    hereby set-aside.

    26. The petitioner/applicant stands discharged from the offenses
    punishable under Section 306 of the Indian Penal Code, 1860, and
    Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita,
    2023. The bail bonds and surety bonds furnished by the applicant, if
    any, shall stand discharged.

    27. A copy of this judgment/order be sent to the learned trial
    court immediately for information and necessary compliance.

    (Jai Kumar Pillai)
    Judge
    Aiyer*/PS

    Signature Not Verified
    Signed by: JAGADISHAN
    AIYER
    Signing time: 28-07-2026
    11:53:41



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