DUKHURAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This revision is iled against the order dtd. 11/12/2017 passed by learned First Additional Sessions Judge, Balod, District Balod, C.G. in Sessions Trial No. 85/2017, whereby learned Sessions Court dismissed the application iled under Sec. 227 of CrPC. During pendency of this revision, by way of amendment further relief was sought for setting aside the charges framed against the applicant for ofence under Sec. 306/34 of IPC.

(2.) Brief facts of the case are that son of late Om Prakash Sahu gave intimation to the concerned police station that his father committed suicide on 12/3/2017, based upon which morgue was enquired and thereafter F.I.R. was registered on 3/7/2017 against applicants for commission of aforementioned crime.

(3.) Learned counsel for applicants submit that learned court below erred in considering that even if entire allegation as available in the charge-sheet is taken on its face value, no ofence as alleged against applicant for ofence under Sec. 306/34 of IPC would be made out. He contended that from the allegation it is appearing that in the village meeting held on 11/3/2017 applicants have made allegation against deceased Om Prakash that he committed theft of Urea from the agricultural ield, threatened for lodging report against him and sending him to jail. On very next day on 12/3/2017 Late Om Prakash committed suicide. He contended that there is no allegation of continuous harassment, ill-treatment or threatening to deceased to attract the ofence under Sec. 306 of IPC. There is no material to suggest that applicant instigated and abetted for doing the particular thing. In support of his contention, he places reliance upon the decision in the matter of Gangula Mohan Reddy vs. State of A.P. reported in AIR 2010 SC 327.