RAGHVENDRA @ LALU GUJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Section 397 / 401 of the Cr.P.C. has been filed against the order dated 12/04/2018 passed by I Additional Sessions Judge, Sohagpur, Distt. Hoshangabad in S.T.No.558/2017, whereby learned I ASJ framed charge against the applicant/accused Raghvendra @ Lalu Gujar and co-accused Deepak Purviya, Santosh Purviya, Neelesh Purviya and Madhur Singh for the offences punishable under Sections 306 read with Section 34 and 506 (II) of the IPC.

(2.) Brief facts of the case are that on 18/05/2017 deceased Kailash Patel himself consumed poisonous substance, due to which he died on 19/05/2017. Thus, he committed suicide. On that Police registered inquest No.24/2017 under Section 174 of the Cr.P.C. and enquire into the matter. During the enquiry, Police recorded the statements of Rambabu, Bhagwat Singh, Nanakram and Smt. Narmadi Bai. On that, it was found that the deceased Kailash Patel had borrowed money from applicant Raghvendra and co- accused Deepak Purviya, Santosh Purviya, Neelesh Purviya and Madhav Singh two months prior to the incident. They were asking for more money by putting undue pressure on him and they had also threatened him that if he will not give them money, then they would kill him. Due to which he had very scared of them. Because of which deceased Kailash Patel committed suicide. On that Police registered Crime No.236/2017 at Police Station Sohagpur, District Hoshangabad for the offence punishable under Sections 306 , 506 , 34 of the IPC against applicant Raghvendra @ Lalu Gujar and co- accused Deepak Purviya, Santosh Purviya, Neelesh Purviya and Madhur Singh and investigated the matter. During investigation Police recorded the statement of prosecution witnesses i.e. Smt. Narmadi Bai, Nanakram, Bhagwat Singh Gujar & Rambabu and filed charge-sheet against the applicant and co-accused before the JMFC, on that criminal case was registered. Learned JMFC committed the case to the Court of sessions. On that S.T.No.558/2017 was registered. During trial, learned I A.S.J. vide order dated 12/04/2018 framed charges against the applicant and co-accused for the offences punishable under Sections 306 read with Section 34 and 506 (II) of the IPC. Being aggrieved from that order applicant has filed this petition.

(3.) Learned counsel for the applicant submitted that from the charge-sheet no offence under Section 306 , 506 of the IPC is made out against the applicant. It is alleged that deceased Kailash Patel committed suicide on 18/05/2017, while Police registered Crime No.236/17 on 06/06/2017. There is no specific allegation with respect to the role of the applicant as mentioned in the FIR as well as in the case diary statements of prosecution witnesses recorded by the police during the investigation. It appears that Police only on the basis of the certain vague assertion made by the prosecution witnesses proceeded against the applicant. In the so-called oral dying declaration (Suicide Note), of the deceased and the statements of prosecution witnesses or in the FIR there is nothing which could be suggested as abetment to commit suicide. There is no reference to any positive act which the applicant has committed and instigated the deceased to commit suicide. There is no evidence on record to show as to indicate that applicant in any way goaded, urged or provoked the deceased or threatened him to take such a step and as such charge of offence under Section 306 / 34 , 506 (II) of the IPC would not be made out against applicant. On the strength of aforesaid submissions learned counsel prays that the order dated 12/04/2018 passed by I Additional Sessions Judge, Sohagpur, Distt. Hoshangabad in S.T.No.558/2017, whereby learned I A.S.J. framed charge against the applicant/accused Raghvendra @ Lalu Gujar for the offence offences punishable under Sections 306 read with Section 34 and 506(II) of the IPC be set aside and applicant be discharged from that charges.