SHIVCHARAN RAGHUVANSHI Vs. STATE OF M P

JUDGEMENT

(1.) On the joint request made by the counsel for the parties, the matter is heard finally.

(2.) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973, preferred by the accused-petitioner is directed against an order dated 22/7/14 passed in S.T. No. 135/14 by the Sessions Judge Vidisha, thereby framing charge against the petitioner for commission of offence punishable under Section 306 of I.P.C.

(3.) Brief facts of the case are that on 28/12/13, Lal Singh committed suicide by taking poisonous substance "sulfas pills". It is alleged by the prosecution that soon before death, statement of the deceased was recorded by the police under Section 161 of Cr.P.C. and on the same day, at about 10-35 p.m., his dying-declaration was also recorded by the Executive Magistrate. In the dying-declaration, it is mentioned by the deceased that "he has taken poisonous substance because he was unable to do much more work", whereas in the police case-diary statement, the deceased stated that "today I have taken three sulfas pills. I was engaged by Shivcharan Raghuvanshi, Kolija, P.S. Nataran for doing work of ploughman and since (Shivcharan) took more work from him therefore he (deceased) has taken sulfas pills."