RAJESHWARI THAKUR Vs. STATE OF C. G.

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 being aggrieved by framing of charge on 10/12/2015 against the petitioner under Sec. 306 of I.P.C. by the learned Additional Sessions Judge, Kabirdham (Kawardha), District- Kabirdham (C.G.) in Sessions Trial No. 42/2015 arising out of complaint filed by the complainant/ respondent No. 2 under Sec. 200 of the Cr.P.C. for registration of offence punishable under Sec. 306 of I.P.C. against the petitioner. Sessions Trial No. 42/2015 has been transferred and is presently pending before the Sessions Judge, Kawardha, District- Kabirdham (C.G.).

(2.) The brief facts, as projected by the petitioner, are that the complainant is father of deceased- Hulas Narayan Sahu, who was posted as Constable at Police Station- Kukdur, DistrictKabirdham, who succumbed to death on 5/3/2014 on account of torture and conspiracy done by the petitioner- Rajeshwari Thakur. The deceased was posted as Constable at Police Station- Kukdur, District- Kabirdham, who was residing at office residence, committed suicide by Insas Riffle. Head ConstableSukhlal Dhurve submitted information to In-charge Police Station- Hemchandra Verma, thereafter Merg No. 03/2014 has been registered at Police Station- Kukdur on 5/3/2014 at about 9.30 a.m. As per report, deceased- Hulas Narayan Sahu committed suicide on 5/3/2014 at about 2 to 4 a.m. When information with regard to death of the deceased was submitted to Sub Divisional Magistrate, Pandariya, District- Kabirdham, he registered case under Sec. 174/175 of the Cr.P.C. and also prepared Panchnama of dead body of the deceased, wherein he found one Bullet of Insas Riffle, which was inside upper part of brain of the deceased. When search of dead body was conducted in presence of family members of the deceased, one mobile hand set Nokia H-2 along with two Sim Cards was found from pocket of the deceased.

(3.) Dead body of the deceased was sent to Community Health Centre, Pandariya, District- Kabirdham for examination and postmortem was conducted, where death of the deceased was found suicidal. With regard to the death of the deceased in pursuance of Merg Intimation No. 03/2014, enquiry officer has recorded statement of officials posted at Police Station- Kukdur, family members of the deceased and accused- Rajeshwari Thakur. No one has taken name of petitioner- Rajeshwari Thakur.