STATE OF MADHYA PRADESH Vs. RUPSINGH

JUDGEMENT

(1.) The State has filed this revision from an order of discharge.

(2.) An old man named Har Prasad, aged about 65 years, killed himself by getting, himself crushed under a running train on 5-8-1984 near Khurai. He left a suicide note stating that non- applicants had insulted him and were further threatening him that they would enter into his house and kill him. He did not, therefore, want to live and because of fear from them he was feeling helpless and was killing himself. It was the prosecution case that earlier on 21-7-1984, the non-applicants had trespassed into the house of deceased Har Prasad and had belaboured him. The police had registered for that incident Crime No. 244 of 84 under sections 147, 148 and 452 of the Indian Penal Code against the non-applicants. Non-applicant No.1 Rupsingh is the younger brother of deceased Har Prasad while the rest belong to his faction. There was previous enmity between the deceased and Rupsingh over certain land and drainage water.

(3.) The Additional Sessions Judge, Khurai, to whom the case was committed, discharged the non-applicants of the offence under section 306 of the Indian Penal Code by the impugned order dated 26-12-1985. Aggrieved by that order, the State has filed this revision.