RAM PRASAD Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the impugned order dated 18.02.2005 passed by the Additional Sessions Judge, Korba, framing charge against the, present" applicant Ram Prasad for commission of offence punishable under Section 306 of the Indian Penal Code (for short, IPC).

(2.) The case of prosecution is that applicant Ram Prasad had illicit relation with deceased Sukhmati Bai and by promising her to marry the applicant had sexual intercourse with her and thereby she became pregnant and carrying pregnancy of three months at the time of suicide. It is further case of the prosecution that applicant Ram Prasad refused to marry her by which deceased Sukhmati felt humiliated and insulted and out of frustration, on 28.09.2004 at about 11 p.m. deceased Sukhmati Bai consumed the poisonous substance and thereafter died. The matter was reported to the police station on 29.09.2004. Merg intimation No.35/04 was registered and FIR was also registered and after recording statement of witnesses under Section 161, Cr.P.C, charge-sheet for commission of offence under Section 306, IPC was filed against the present applicant. Learned Sessions Judge overruled the objection raised by the applicant and framed charges for the said offence against him.

(3.) Shri Shrawan Kumar Chandel, learned counsel appearing for the applicant would submit that taking the FIR and documents on record in its face value, no offence under Section 306, IPC is made out against the present applicant, and as such, learned Additional Sessions Judge is absolutely unjustified in framing charges under Section 306, IPC.