SITARAM RAJAK Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition under Section 397/401 of Cr.P.C. has been preferred by the petitioners being aggrieved by the order dated 23.04.2019 in S.T. No. 173/2018 passed by 4 th Additional Sessions Judge, Katni, whereby the learned ASJ has framed the charge for the offence punishable under Section 306/34 of IPC against the petitioners.

(2.) According to the case, on the basis of Marg Intimation report, the police has registered the FIR against the petitioners wherein it is mentioned that the father of the deceased informed the police that the deceased was his elder son and was in possession of Government land since long back. In the morning of 17.08.2018, when the deceased was digging pit, the petitioner No. 2 Baijnath came there and restricted him to remove fencing (Tar badi), he called the police also. Thereafter, the police came and restricted the said work. Thereafter, the deceased made a phone call to police complaining that the petitioner/Baijnath had beaten him. Thereafter, the deceased disclosed the incident to his family members and went into his room. After half an hour, wife of the deceased found that the room is locked from inside and the deceased committed suicide by hanging himself.

(3.) During the investigation, police found that on 17.08.2018, the petitioners had beaten the deceased on the dispute of land, due to which he committed suicide by hanging himself. After completing the investigation, the police has filed the charge-sheet against the petitioners for the offence under Section 306/34 IPC.