KU. B. USHA DANDASI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Revision has been preferred against the order dated 25-01-2001 passed by the Special Judge, Durg in S.T. No. 22/2001, whereby charge under Section 306/34 of I.P.C. has been framed against the applicants.

(2.) Briefly narrated the facts are that Ku. Beenu Sharma, the girl aged about 19 years was a student of Class XII. She was studying in Saraswathi Higher Secondary School, Kailash Nagar, Bhilai. The applicants are class fellows and were studying in the same Section. Accusations were made against the deceased that she is a thief and has stolen articles. The incident of alleged theft occurred in the class room on 12-08-2000 and 16-08-2000. The suicidal note is there on the record and has been filed at page No. 27 as Annexure A-10. A perusal of the suicidal note prima facie goes to show that name of Usha and Archana are mentioned with reference of the accusations made against the deceased.

(3.) The prosecution has also recorded the statements of the witnesses including that of Ms. Lata Bambekar, Class Teacher and Samir Kumar Jha, Principal. The statements of Revindra Kumar Sharma and Savita Sharma - Father and Mother of the deceased were also recorded. The statement of father of the deceased mentions the name of Usha and the accusations made. Section 107 to 113 of I.P.C. are relevant for the purposes of this case and are quoted below.