ASHOK LOHIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As common questions of law and facts are involved in both the criminal revisions, they are being disposed of by this common order.

(2.) The instant revisions have been preferred by the applicants against the impugned order dtd. 08/04/2019 passed by the Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No.21/2019, whereby the Trial Court has framed charge against the applicants for the offence punishable under Sec. 306/34 of the Indian Penal Code.

(3.) According to the case of prosecution, on Mahaveer Chourdiya (deceased) committed suicide by jumping before the train on 10/02/2018. It is alleged that the deceased was a finance broker. During the financial transaction and day-to-day affair it led to some financial liability, as such the applicants/accused Ashok Lohia and Vinod Lohia (applicant No.1 and applicant No.2 respectively in Cr.R. No.546/2019) started pressuring the deceased to returned the amount. Threat was continuously extended that image of the deceased would be tarnished in the society as also family members would be subjected to some attack and family members would be maligned. Frequency of such demand aggravated, eventually the deceased committed suicide. Before committing suicide, the deceased had written a suicidal note (Annexure P2) and also sent a Whatsapp audio clip on social media wherein the deceased had made allegations against the present applicants/accused. On the basis of the above information, the brother of the deceased lodged an FIR on 13/02/2018. After completion of the investigation, police filed a chargesheet before the concerned Chief Judicial Magistrate, Rajnandgaon from where the matter being triable by the Court of Sessions committed to the learned Trial Court. Vide impugned order dtd. 08/04/2019, the Trial Court framed the charge as mentioned hereinabove. Hence, Cr.R. No.546/2019 has been preferred by the applicants namely Ashok Lohia and Vinod Lohia and Cr.R. No.555/2019 has been preferred by applicant Kamal Kishore.