RAM KALAP MAURYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Section 397 read with Section 401 of the Cr. P. C. has been preferred by accused/applicant Ram Kalap Maurya being aggrieved by the order dated 14-10-99 passed by the 1st Additional Sessions Judge, Rajnandgaon in S. T. No. 105/99 whereby learned Additional Sessions Judge after perusal of the record of the Sessions Trial No. 105/99 reached to the conclusion that prima facie based on material available on record offence under Section 306 of the I. P. C. was made out against the accused/applicant and accordingly ordered for framing the charge.

(2.) Facts in brief necessary for the disposal of this criminal revision are that at the relevant time i.e. in the intervening night of 24th/25th April, 1999 the accused/applicant herein was working as superintendent of the Government Chemical Fertilizer Godown of M. P. State Co-operative Marketing Federation Ltd., whereas, deceased K. L. Baghel was working as Godown in-charge of the said Marketing Federation at Chhutiya, District Rajnandgaon, who in the early morning of 25-4-99 committed suicide by hanging with the help of a rope in his room which was existing in the compound of the godown. leaving behind a suicidal note in the register of Govt. Chemical Fertilizer Godown to the effect that

(3.) The police registered case against the accused/applicant. After recording the evidence of the witnesses, important among them was Beni Ram Yadav who was working as Chowkidar on daily wage basis in the Rice Mill, Chhuriya as also evidence of Chatur Ram, who was working as Chowkidar in the godown where K. L. Baghel was working as godown keeper, recorded the statements of other witnesses. After completion of the investigation, charge sheet was filed in the Court of Chief Judicial Magistrate, Rajnandgaon.