RAHUL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision under Sections 397/401 of CrPC has been directed against the orders dated 13.01.2021 passed by Additional Sessions Judge, District Gwalior in Sessions Trial No. 50/2020, whereby the application under Section 227 of CrPC filed on behalf of the petitioners for discharge from the offence punishable under Section 306, 498A of IPC was rejected and charges have been framed under the aforesaid sections.

(2.) The prosecution story in nutshell is that on 12.2.2020 the complainant lodged FIR against the petitioners for offences under Sections 306, 498A of IPC, at Crime No.353/2019 at Police Station Thatipur, District Gwalior. The deceased committed suicide by pouring kerosene. Thereafter merg was registered and dying declaration of the deceased was recorded and statements of family members of the deceased were also recorded. On the basis of aforesaid FIR was lodged. Thereafter, after completion of investigation charge sheet was filed. One application was filed before the trial Court under Section 227 of CrPC, whereby prayer for discharge from the offence was made. The aforesaid application was dismissed by the trial Court on 13.01.2021 by the impugned order and charges were framed against the petitioners.

(3.) Learned counsel for the petitioners has submitted that the offence under Section 306 IPC is not made out against the present petitioners as in MLC no injury was found on the body of the deceased. The prosecution evidence itself establishes the fact that the deceased committed suicide on account of dispute arose relating to preparation of food. The petitioners have been falsely roped in commission of offence of demand of dowry and cruelty with the deceased. The petitioners had not abeted or instigated to the deceased in any way. In the dying declaration, deceased had specifically stated that she committed suicide due to cruel behaviour of previous inlaws of the deceased, despite as a result of afterthought the family members of the deceased have made false allegation against the petitioners. Hence, prayed to allow the revision and set aside the impugned order dated 13.1.2021, whereby charges have been framed against the petitioners under Section 306, 498A of IPC.