BHAGBAI Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed on behalf of the applicants under section 397/401 of the Cr.P.C, being aggrieved by the judgment dated 10.3.2011 passed by the Addl. Judge, Rehli to the Court of VIIth Addl. Sessions Judge (Fast Track Court), Sagar, in S.T No.46/11 framing the charges against them for the offence under section 306/34 of the IPC.

(2.) The facts necessary to consider the question of admission of this revision in short are that on dated 10.3.2010 one Bhagat S/o Nabblu Lodhi R/o village Kheri Navda lodged marg intimation report at Police Station Garhakota contending that his son Raju had consumed poison, on which, for treatment he was taken to Garhakota, from where he was referred to Sagar, but on the way to Sagar, he died. In the course of inquiry of such marg, the spot-map and panchnama of the dead body was prepared. On sending the body to hospital its postmortem was also carried-out. After preserving the viscera of the deceased, the same was sent to Forensic Laboratory Sagar. On examination, in the viscera, Aluminum Phosphide, the poisonous substance was found. In further inquiry of said marg, it was revealed that before consuming the poisonous substance, the present applicants had made allegations against his character with a criminal threat that they will lodge a false report against him alleging to have committed rape (jana) and, thereby they committed the act of harassment and cruelty. Due to such allegation the deceased was instigated to commit suicide and by consuming poisonous substance committed the same, on which, a crime of the offence of section 306 and 34 of IPC was registered against the applicants

(3.) In investigation, the interrogatory statements of the witnesses were recorded, other papers were prepared. On establishing the prima facie circumstance against the applicants for committing the offence of section 306 and section 34 of the IPC, they were charge-sheeted for the same. Subsequent to filing the charge-sheet, on committing the case to the Sessions Court, the charge of section 306 read with section 34 of the IPC was framed against the applicants. They abjured the guilt, on which, the trial has been directed. Being dissatisfied with such order, the applicants have come forward to this court with this revision.