MAHENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD.

(2.) NECESSARY facts of the case in short are that on 13.10.2013 at about 4.20 P.M. Kundan Ahirwar (since deceased) ended her life by setting ablaze himself and was taken to hospital where he succumbed to his injuries during treatment. In the hospital, Executive Magistrate, Sagar recorded his dying declaration which reads as under:

(3.) LEARNED counsel for the petitioner submits that even assuming the text of the dying declaration is to be true in toto, no ingredients of Section 107 of the IPC are available on record. On 7.5.2013 brother -in -law (Jeejaji) of the deceased namely Jamuna Ahirwar committed rape on the prosecutrix aged about 16 years of village Sobhapur and police registered a case against the accused. Deceased took undue interest to pressurize the prosecutrix to compromise the case with his brother -in -law. In the capacity of Sarpanch the petitioner protected the prosecutrix and it was a case of grudge between the petitioner and the deceased. Learned counsel further submits that on 17.5.2013 one Ramprasad Ahirwar lodged a report against the deceased and three other persons making allegations of quarrel and marpeet on the basis of which police Jaishrinagar District Sagar registered a case against the deceased and other accused persons at Crime No. 94/2013 under Sections 341, 323, 324, 294 and 506 of the IPC. Aforesaid criminal antecedents of deceased by itself says a lot to presume that there can be some other pressures and reasons for suicide.