RESHAM RANA Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal revision under Sec. 397 read with Sec. 401 of Cr.P.C. is filed against the order dtd. 9/1/2024 passed by learned First Additional Sessions Judge, Saraipali, DistrictMahasamund, whereby application filed by the applicant under Sec. 227 of Cr.P.C. for discharging him from the charge under Sec. 306 of IPC has been dismissed.

(2.) Learned counsel for the applicant submits that learned trial Court without considering the entire material available in the charge sheet on its face value has framed charges against the applicant (husband of the deceased) under Sec. 306 of IPC. Upon perusal of statement of the witnesses recorded by the police it is apparent that the deceased had committed theft of Rs.2,500.00 of his uncle-in-law and when she was interrogated, she admitted her guilt and due to said guilt mind, she consumed poison and therefore provision under Sec. 306 of IPC would not be attracted. He contended that the continuation of trial against the applicant will be misuse of process of law.

(3.) Learned counsel for the State would submit that there is specific allegation against the applicant of quarreling, assaulting the deceased/wife on trivial issue and further allegation is that she was being assaulted, abused by the applicant stating that she may bring the property of her share in partition from her parents. From the statement of witnesses, it is apparent that there is allegation of continuous ill-treatment, harassment as also assault and therefore, learned trial Court upon considering the entire material available in the charge sheet has not committed any error in framing charge under Sec. 306 of IPC against the applicant. Ground raised and submission of learned counsel for the applicant in this revision can be appreciated during trial by the trial Court.