SUNITA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision is filed under Section 397/401 of the Code of Criminal Procedure (for short "the Code") against the order dated 6-6-2014 passed by Seventh Additional Sessions Judge, Ujjain in S.T. No. 233/2014, by which learned ASJ framed the charges against the applicant under Sections 302, 294 and 506 of the IPC. As per the prosecution case, deceased-Kanchan Bai (aged 82 years) was the mother-in-law of applicant-Sunita Bai. On 23rd March, 2014 at about 11.45 p.m., there was scuffle between the applicant and the deceased and applicant pushed the deceased on the road from the house, therefore, she sustained injuries. Thereafter, Shiv Kumar, son of deceased, immediately took her to Police Station, Chimanganj Mandi, Ujjain and lodged the report. On this basis, Crime No. 221/2014 under Sections 294, 323 and 506 of IPC was registered. She was sent to medical examination. During treatment, she died at about 12.45 p.m. The Hospital Authority informed the police. Then Merg No. 20/14 has been registered. Inquest report was prepared and thereafter, her body was sent for post-mortem. After completing the investigation, police has filed the final report against the applicant under Sections 294, 323, 506 and 304 of IPC. After hearing the parties vide impugned order dated 6-6-2014, learned ASJ framed the charges against the applicant under Sections 302, 294 and 506 of IPC. Being aggrieved with this order, the applicant has filed this revision.

(2.) I have heard Shri Virendra Sharma, learned Counsel for the applicant and Shri S.D. Bohara, learned Govt. Advocate for the non-applicant/State.

(3.) Learned Counsel for the applicant submits that as per prosecution case, applicant pushed the deceased, but applicant has not caused any injury to the deceased. As per post-mortem report, no external or internal injury found on her body and she died due to cardio respiratory failure. The applicant was not armed with any weapon and from the facts, it is clear that there was no intention to kill the deceased. Thus, the ingredients of the offence punishable under Section 302 of IPC are totally absent, the case may fall under Section 323 of IPC. Learned ASJ has not considered the total effect of the evidence and documents produced before him. Therefore, by no stretch of imagination the applicant can be charged for offence under Section 302 of IPC.