CHARKA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) has been filed by the applicants being aggrieved by the order (Annexure A-1) dtd. 27/11/2019 passed by Additional Sessions Judge, Shahdol in S.T. No.41/2019 by which learned trial Court has been framed charge against the applicants under Sec. 306 of the I.P.C.

(2.) Prosecution case in brief is that, on 8/9/2019 a dispute arose between the accused Sintu @ Parasram Pal and Sapna, daughter of deceased, over providing a mobile phone. Due to which, on the same day at night at about 22.00 pm, the appellants caused marpeet with the deceased by means of lathis and they instigated the deceased to commit suicide. Thereafter, the deceased committed suicide on 9/9/2019 between 8 am to 9 am in the morning by hanging himself at his house. An FIR was lodged by brother of the deceased on 10/9/2020. After completion of necessary investigation, charge-sheet was filed against the accused persons before the competent Court. Thereafter, charge under Sec. 306/34 of the I.P.C. was framed against the applicants.

(3.) Learned counsel for the applicants has submitted that the order of framing charge by the trial Court against the applicants under Sec. 306 of I.P.C. is bad in law, illegal, incorrect and improper. The applicants have been falsely implicated in the case. It is also submitted that there is no cogent and plausible evidence to indicate that the applicants abetted the deceased to commit suicide. There is no proof to indicate that prior to commission of suicide, the deceased had made any complaint or allegations against the applicants. The allegation made against the applicants are vague, general and frivolous, for framing of charge under Sec. 306 of I.P.C. Ingredients of Sec. 107 of the I.P.C. are missing in this case. At the time of framing of charge, the Court is required to evaluate the material and documents available on record. In support of his submission, learned counsel has placed reliance on the decision in the case o f M. Mohan vs. State [Criminal Appeal No.611 of 2011 decided on 1/3/2011 by the Supreme Court of India]. Therefore, it is prayed to set aside the order dtd. 27/11/2019 passed by Additional Sessions Judge, Shahdol in S.T. No.41/2019.