UTTAM SINGH RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal revision has been preferred by petitioner Uttam Singh Rathore under Section 397/401 of the Code of Criminal Procedure feeling aggrieved by the Order dated 18.01.2012, passed by Ist Addl. Sessions Judge, Katni, in Sessions Trial No. 163/11 by which charges have been framed under Sections 305 and 506-Part II of IPC against present petitioner and co-accused Ranga Rathore.

(2.) IN short, the facts are that Miss Shail Kumari, a minor girl, aged about 17 years, lodged the report against petitioner and co-accused at PS-Badwara, District- Katni for which offence punishable under Sections 509,294/34 of IPC was registered through Crime No. 102/10 for which police filed charge sheet and case was registered. The case was fixed for evidence and summons were received by Miss Shail Kumari. Petitioner with co-accused Ranga Rathore were giving continuous pressure and intimidated the girl not to give statement and to do the compromise, otherwise her parents would be killed and she will have to face dire consequences. On the day when summons were received from the Court, then again she was threatened, consequently she committed suicide by consuming some poisonous substance on 20.2.11 at about 23.15 PM at Village-Dhora. Badwara police firstly registered the Marg and during Marg it was found that deceased committed suicide on the instigation of petitioner and the co-accused then police registered Crime No. 87/11 on 20.3.11 against the petitioner and co-accused Ranga for offence punishable under Sections 305 and 506/34 IPC. After usual investigation charge sheet was filed and case was committed to the Courts of Sessions and ST No.163/11 was registered. Learned Presiding Officer framed the aforesaid charges against the petitioner as well as co-accused Ranga Rathore against which this revision has been filed by petitioner Uttam Singh Rathore on the ground that no ingredients of Section 107 and 109 of IPC are made out, petitioner never abetted the deceased to commit suicide, no prima facie case under Section 305 IPC is made out, statements of witnesses are contradictory and charges framed by learned trial Judge are not sustainable in the eyes of law, so they be quashed.

(3.) PER contra, learned Panel Lawyer appearing for State vehemently opposed the arguments advanced by learned counsel for petitioner and submitted that the deceased who was a minor girl of 17 years' of age, narrated to her parents that she was being forced not to give the evidence and she was also being teased and her modesty was tried to be outraged and even after registering of crime, petitioner and the co-accused were continuously teasing the deceased and they were creating havoc in the life circle of deceased and deceased who was minor, due to harassment, committed suicide by consuming some poisonous substance and died, and before her death she narrated the incident that she was constrained to commit suicide due to harassment of petitioner and the co-accused.