KU. RAMPYARI AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision petition, under Section 397 read with 401 read with section 482 of the Code of Criminal Procedure has been preferred by the petitioner/accused assailing the order dated 18/12/2019 passed by IV Additional Sessions Judge, Vidisha in S.T. No.76/2019, whereby the charge under Section 306 of the IPC has been framed against the petitioner.

(2.) Prosecution story, in short, is that on 21/4/2019 one Rajesh Dangi (since deceased) committed suicide by ending his life on a Railway track. It is alleged that he was having an affair with the petitioner, who used to extort money from him under threat of false implication in a case. As such, she harassed Rajesh to such an extent that he was left with no other option except to take the extreme step.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. Prima facie no case is made out against the petitioner from the FIR and statements recorded under section 161 of the Cr.P.C. There is no evidence on record to suggest that she had instigated the deceased to commit suicide. The ingredients of section 107 of the IPC are missing in the present case. Accordingly, it is submitted that the trial Court has committed grave illegality in framing charge under section 306 of the IPC against the present petitioner and the order impugned is liable to be set aside.