SANTOSH VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) The accused/applicants have preferred this criminal revision under Section 397 read with Section 401 of the Cr. P.C. being aggri-eved by the order dated 16-5-1996 passed by the Additional Sessions Judge, Bilaspur, in Sessions Trial No. 454/1994, whereby the learned Additional Sessions Judge after hearing the Advocate for the accused persons and the Additional Public Prosecutor and after perusal of the record reached the conclusion that prima facie offence under Section 306 read with Section 34 of the I.P.C. was made out against the accused persons and accordingly, he framed the charge for the said offence against the accused/applicants.

(2.) Brief facts relevant for the disposal of this criminal revision are that on 5-12-1994 at about 7.30 in the evening, Kartikram Dhruv lodged a missing report of his son Anand Kumar Dhruv at the Police Station: Sarkanda, which was registered at Serial No. 5/94 and on 6-12-1994 a railway gang man lodged a report at the Police Station: Civil Lines, that one dead body of unknown person is lying on the railway track. The merge was registered at Serial No. 75/94. The Police reached the place of occurrence and prepared Panchnama of the dead body, and post-mortem of the dead body was got conducted. On 17-12-1994, Kartikram Dhruv identified the clothes and the cycle and said that these clothes and cycle are of his son Anand Kumar Dhruv. On the basis of the missing report and merg report, enquiry was conducted and it was found that on 4-12-1994 at about 6 p.m. when deceased Anand Kumar Dhruv along with Manoj Dhruv was strolling, on the way, Khageshwar, one of the accused came on the cycle and hit the cycle on the leg of Anand Kumar Dhruv, on which Anand Kumar Dhruv raised objection. On this, Khageshwar alongwith the present accused/applicants namely Santosh Vishwakarama & Manoj Singh beaten Anand by slaps and fists and they also threatened to kill him. Thereafter, Anand Kumar Dhruv came to his residence and after taking the bicycle left the house, at that time, his mother and sister were present at the residence. Thereafter, Anand Kumar Dhruv did not return, therefore, the missing report was lodged by Kartikram Dhruv at the Police Station and ultimately on 17-12-1994 after receiving the report from Police Station: Civil Lines, he reached there and identified the clothes and cycle that they were of his son. On investigation, it was found that Anand Kumar Dhruv could not tolerate the beating of Khageshar, Santosh Vishwakarma & Manoj Singh, he committed suicide by jumping before a running train. The Police registered the case against the accused/applicants and Khageshwar and after completion of the investigation filed charge-sheet against the accused persons for the commission of offence under Section 306 read with Section 34 of the I.P.C. After perusing the record and hearing the counsel for the parties, the learned Additional Sessions Judge framed the charge against the accused/applicants and accused Khageshwar as mentioned above.

(3.) I have heard the learned counsel for the parties.