RAVI ALIAS RAVINDRA Vs. STATE OF M P

JUDGEMENT

(1.) This revision application has been filed under Section 397/401 of Cr.P.C. at the instance of the applicant against the order dated 2.5.2013 passed by learned Trial Court framing charge under Section 306 IPC against the applicant.

(2.) The contention of learned counsel for the applicant is that as per prosecution's own case no charge is made out against the applicant in order to bring him within the clutches of Section 306 IPC. Learned counsel submits that looking to the case diary statement of the deceased namely Pinky recorded under Section 161 Cr.P.C. in which nothing has been said by her against the present applicant. By inviting my attention to the case diary statement of Sukhdayal who is father of the deceased, learned counsel submits that this witness was creating certain doubt upon his son-in-law namely Ram Kumar who is husband of the deceased and on account of doubt he has so deposed in his case diary statement that the present applicant along with Ram Kumar had administered some poisonous substance resulting into death of the deceased.

(3.) On the other hand, learned Public Prosecutor submitted that since there is evidence of the father of the deceased namely Sukhdayal who had created certain doubt upon the applicant, therefore the charge under Section 306 IPC has been rightly framed against the applicant and, therefore, this revision be dismissed.