NEMIN BAI Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION DONGARGAON, DISTRICT RAJNANDGAON, CHHATTISGARH

JUDGEMENT

(1.) The instant revision has been preferred against the order dated 8.12.2014 passed by the Sessions Judge, Rajnandgaon in Sessions Trial No.55 of 2014, whereby a charge under Section 306 of the Indian Penal Code has been framed against the Applicant.

(2.) The allegations against the Applicant are that on 16.11.2012, Teminbai (deceased) committed suicide by consuming poisonous substance. On the basis of information received from the hospital, morgue was recorded on 17.11.2012. Thereafter, police investigated the offence in question and recorded statements of witnesses. The witnesses in their statements recorded under Sections 161 of the Code of Criminal Procedure have stated that the Applicant is a neighbour of the deceased and prior to the date of incident, disputes had been taking place between the Applicant and the deceased. On the date of incident also, a dispute had taken place between them and due to that the deceased committed suicide. On the basis of the said statements, police registered First Information Report and on completion of the investigation, filed a charge-sheet for offence punishable under Section 306 of the Indian Penal Code. Vide the impugned order dated 8.12.2014, a charge under Section 306 of the Indian Penal Code has been framed against the Applicant. Hence, the instant revision has been moved by the Applicant.

(3.) Learned Counsel appearing for the Applicant submitted that in the entire charge-sheet there is no material available to frame charge against the Applicant for the alleged offence punishable under Section 306 of the Indian Penal Code and as such the Sessions Judge has committed manifest illegality in framing the charge against the Applicant. There is no proximity and nexus between the conduct and behaviour of the Applicant with that of the suicide committed by the deceased.