MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed by the applicant, against the order of framing of charge dated 4.1.2002 passed by VIII Additional Sessions Judge, Indore in Sessions Trial No. 768/2000 against the applicant for the offence under Section 306 of the Indian Penal Code.

(2.) The police of Police Station Bhawarkua. Indore has filed a chargesheet for the offence under Section 306 of the Indian Penal Code vide Crime No. 418/2000 against the applicant Mahesh alleging that in the night intervening between 10th and 11th of April, 2000, between 2.00 and 6.00 a.m., the deceased Shersingh had committed suicide inside his hotel (DHABA) by hanging, leaving a death note about his death. According to the said death note as well the statement of Mohammad Haroon Mohd. Iqbal the applicant had taken money from the deceased Shersingh for getting him a plot at 311, I.P. Nagar, Indore Development Authority. It is further alleged that the deceased was harassed by the appellant and ultimately on 9.4.2000, he refused to give plot, resultantly the deceased Shersingh committed suicide by hanging. The matter was reported to the police on 11.4.2000 at 9.05 a.m. and after detailed investigation, the offence was registered on 22.6.2000 at 12.10 noon on the basis of the aforesaid facts.

(3.) After hearing the learned Counsel for the applicant as well as the State and also after perusing the complete copy of the charge-sheet this Court is of the opinion that no prima facie case worth for framing charge is made out against the applicant for the offence under Section 306 of the Indian Penal Code.