JHANGLU RAM & OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the order framing charge for commission of offence punishable under Section 306 read with Section 34 of the Indian Penal Code (for short, IPC) before the jurisdictional criminal court.

(2.) That, prosecution case, is short, are that father of deceased Ram Kumar lodged a merg intimation on 01.10.2013 at police station Pandariya that on 30.09.2013 his son i.e. deceased Ram Kumar went from house without informing to any one. It is further stated by him that since the government has allotted to him sewing machine and a cycle therefore he came to Pandariya and in the evening when he went to his home then the family member named Santwant Singh and Shiv Kumari told him that near about 3:30 afternoon the deceased came in the house and he was found in a hanging condition, they cut the rope and brought down the deceased and found that he is dead.

(3.) That, on the basis of merg intimation, the police investigated the matter and dead body was sent for postmortem report. During investigation, it was found that prior to 01.10.2013, on 30.09.2013 some quarrel and altercation took place among the applicants and the deceased for a mobile chip which belongs to present applicants. Thereafter, on 12.12.2013 the police registered FIR under crime No. 2*91/2013 under Section 306 read with Section 34 of IPC against the present applicants and after completion of investigation, charge sheet was filed.