RAKESH VAISHNAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/applicant has preferred this criminal revision being aggrieved by the order dated 10-10-1998, passed by the 2nd Additional Sessions Judge, Baloda Bazaar, in Sessions Trial No. 316/98, whereby the learned Additional Sessions Judge after perusal of the record ordered for framing of charge for commission of offence under Section 306 of the IPC against the accused/applicant and accordingly, he framed the charge.

(2.) Brief facts giving rise to filing of this criminal revision are that on 19-4-1998, Sub Inspector R.M. Tiwari of Police Station, Baloda Bazaar, received information from the Government Hospital, Baloda Bazaar, that Sanjay Vaishnav, aged about 27 years, resident to Village Risda, was brought to the hospital in unconscious condition and he expired at about 12.10 p.m. He had died on account of consumption of poisonous substance namely, pesticides. On receiving this report, Merg was entered at Serial No. 23/98 and investigation was conducted. During the investigation, it came on record that the behaviour of present accused/applicant Rakesh Vaishnav, who is the elder brother of deceased Sanjay Vaishnav, was not good towards his younger brother Sanjay Vaishnav (since deceased) and on the fateful day, i.e., 19-4-1998 some dispute took place between the accused and the deceased about distribution of the sale amount of paddy, as a result of which the accused/applicant assaulted Sanjay, therefore, Sanjay committed suicide by consuming pesticides. Upon this, police registered a case for commission of offence punishable under Section 306 of the IPC and after completion of the investigation charge-sheet was filed against the accused/applicant.

(3.) The learned Additional Sessions Judge after hearing the arguments of the Additional Public Prosecutor and Counsel for the accused and after perusal of the record was of the opinion that prima fade offence under Section 306 of the IPC was made out against the accused/applicant. Therefore, the learned Additional Sessions Judge framed charge against the accused/applicant for commission of offence punishable under Section 306 of the IPC.