MANGLESHWAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT Dr. Mangleshwar Singh is aggrieved by the order dated 3-10-96 passed by IIIrd Additional Sessions Judge, Rewa, in S. T. No. 79/95, whereby he has been charged for the offence punishable under Section 306, IPC.

(2.) THE facts shorn of unnecessary details lie in a narrow compass. In brief the case of. the prosecution is that on 26-2-95 at the house of Raghunath Singh arrangement of marriage of his son was going on, Raghunath Singh found that the currency notes of Rs. 800/- were missing from the pocket of his coat, he inquired from his brother applicant-Dr. Mangleshwar Singh who raised suspicion upon deceased Hiralal, who pleaded ignorance. Deceased Hiralal was serving in the house of Raghunath. Further the case of prosecution is that applicant admonished Hiralal and threatened him by saying that a report shall be lodged in police regarding theft committed by him, thereafter Hiralal went to the house of his sister Kalui and uncle Ram Ganesh and brought them to the house of Raghunath and in presence of these persons returned Rs. 800/-to Raghunath. In the meantime a dehati nalishi under Section 380 was lodged by Raghunath. It is also stated that the applicant caused Marpeet and also gave threat, Hiralal felt deeply depressed as he was caught committing theft of Rs. 800/- as a result of which he went towards Belauhi water-fall and committed suicide. His dead-body was recovered on 12-3-95. Earlier on 27-2-95, when Hiralal was not found by his family members the matter was reported to police and the report was registered as missing person 4/95.

(3.) POLICE recorded statements of Shyamkali, Mahesh Yadav, Smt. Sukhrajua, Radhikabai, Kalui Ram Ganesh and Sahdev under Section 161, Cr. PC. All these witnesses are related to deceased Hiralal, from the statements of these witnesses it is gathered that as applicant caused Marpeet, Hiralal felt deeply depressed and committed suicide.