MAHENDRA KUMAR, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision petition has been preferred by the petitioners against the order dated 14. 06. 2007 passed by Additional Session Judge, Durg in Sessions Trial No. 93/2007 framing charge against them for an offence under Section 306 / 34 IPC.

(2.) According to the case of the prosecution, deceased Shakuntala Devi went missing from her house on 10. 01. 2003 and a report to that effect was made to the Police Station on 11. 01. 2003. However, on 13. 01. 2003 body of the deceased was recovered from a well and during postmortem a paper slip was found kept under her blouse in which [xxx xxx] was scribbled. During investigation it was found that the accused/petitioner Mahendra Kumar - the then Sarpanch of the Gram Panchayat, Hatgahan was getting a pond in the village dug and the soil thereof was dumped in front of the house of the deceased blocking the way to her house and the firewood belonging to her also got buried. It was also unearthed during investigation that the haystack belonging to the deceased was put afire on account of which she became mentally disturbed and ultimately committed suicide. Postmortem report dated 13. 01. 2002 (which in fact should have been 13. 01. 2003 as the requisition for that bears the date as 13. 01. 2003) discloses the cause of death of the deceased to be asphyxia due to drowning in water 48-72 hours prior thereto. After receiving the report of the handwriting expert dated 20. 09. 2005, FIR under Section 306 / 34 IPC came to be registered on 20. 02. 2007 against the accused/petitioners at Crime No. 26/2007 and the delay occurred in its lodgment has been shown to be on account of receipt of report of handwriting expert. Seizure of notebook said to contain the handwriting of the deceased was effected on being produced by her son Hitendradev Ramteke and likewise seizure of government papers pertaining to work carried out by the Gram Panchayat was made on being produced by Radhelal Tondon - the then Sarpanch of Gram Panchayat Hatgahan. Accused/petitioners were arrested on 21. 02. 2007 and after completion of investigation charge sheet was filed against them under Section 306 / 34 IPC.

(3.) Subsequently, on 14. 06. 2007 the trial Court after hearing both the parties and perusing the material on record passed the aforesaid impugned order on the point of charge and charge was framed against all the accused persons under Section 306 / 34 IPC.