MONU Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition has been preferred under Section 397 and 401 of Cr.P.C. against the order dated 23.4.2014 passed by IX Additional Sessions Judge, Gwalior in Sessions Trial No. 174/2014, whereby the charge under section 306 of IPC has been framed against the petitioner.

(2.) BRIEF facts giving rise to this revision petition are that on 13.8.2013 the complainant Makkhan Singh Kushwaha informed that the Karishma who is daughter of his daughter Somvati committed suicide by hanging herself. The information was given by Makkhan Singh at Police Station Madhav Ganj, upon which a Marg Intimation No. 39/2013 under section 174 of Cr.P.C. has been recorded. During enquiry, it was found that prior to the incident, the deceased has lodged a report against the petitioner for committing rape upon her. During the enquiry, the complaint was submitted by the mother of the deceased to the Superintendent of Police, Gwalior alleging that the petitioner has committed rape upon the deceased and thereafter Sarman, Jagan, Poonam and Naval Phoolwale used to say that nothing would happen to the petitioner and they would save him on the strength of money. Due to this, the deceased was afraid and she used to say that they would kill her and also asked her mother not to proceed against them, otherwise they would also kill her and due to the aforesaid, her daughter has committed suicide. On enquiry it was found that Sarman, Jagan, Poonam and Naval Phoolwale used to compel the complainant to compromise and they also used to harass the deceased, and on account of it deceased had committed suicide. Thereafter the Crime No. 669/2013 under Sections 306/34 of IPC has been registered against the petitioner and other accused persons.

(3.) LEARNED counsel for the petitioner submits that the impugned order dated 23.4.2014 is illegal and against the settled principles of law. There is no prima facie evidence regarding abetment against the petitioner.