VIJENDRA SINGH RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against order dated 23.07.2019 passed by Second Additional Sessions Judge, Pipariya, District Hoshangabad in S.T. No.42/2019, whereby charge of the offence punishable under Section 306 of IPC was framed against the petitioner.

(2.) The prosecution case is that on 11.2.2019 at about 9.45 PM when the applicant was going to sleep after taking the meals, at that time he heard some noise of jumping in his under construction house and he found that Jeevan (since deceased) has entered into the house of the applicant and when the applicant shouted, at that time Jeevan had run away from the spot.

(3.) Thereafter the petitioner informed the police and the police came and asked the petitioner to lodge a report against the Jeevan (deceased) regarding the same. Thereafter the police was searching Jeevan and police went to his house. It is alleged that on 14.02.2019 Jeevan consumed some poisonous substance and died. In his dying declaration he has made allegation against the present petitioner regarding abetment to commit suicide, therefore, a case under Section 306 IPC was registered against the petitioner. On completion of investigation, challan has been filed. Thereafter, vide impugned order dated 23.07.2019, charge of the offence under Section 306 IPC was framed against the petitioner. He stood the trial accordingly, as he denied the imputation.