RAGHUVEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision under Section 397/401 of Cr.P.C. has been filed against the order dated 16.01.2014, passed in Sessions Trial No. 255/2013, by the learned Additional Sessions Judge, Begumganj, District Raisen, by which the learned trial Court framed charges punishable under Sections 498 -A and 306 of IPC and in the alternative 302 and 294 IPC.

(2.) THE case of the prosecution is that on 03.08.2013 an FIR has been lodged in which it is stated that the deceased Shivwati has succumbed to death by eating poisonous substance. Upon investigation it was further revealed that the applicant got married to the deceased 15 years ago and had four children from the marriage wedlock. For the past one year, the applicant used to manhandle the deceased, being aggrieved by which the deceased committed suicide by eating poisonous substance.

(3.) SHRI Sankalp Kochar, learned counsel for the applicant submits that the learned trial Court failed to appreciate that there is no instigation or abetment on the part of the applicant. The deceased was married to the applicant for more than 15 years, thus, presumption under Section 113 -A of Indian Evidence Act is not attracted. The framing of charge under Section 302 of IPC is forcefully challenged on the grounds that in the absence of any direct or indirect evidence to attract an offence under Section 302 of IPC had led to travesty of justice. The fact that the deceased has left no suicide note or dying declaration further points towards innocence of the applicant.