LAWS(MPH)-2024-1-218

TIKAMSINGH Vs. STATE OF MADHYA PRADESH

Decided On January 10, 2024
Tikamsingh Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The present revision petition is filed under Sec. 401/397 of Cr.P.C. whereby a charge under Sec. 306 of IPC has been framed by Additional Sessions Judge, Ujjain in ST No.36/2014 by order dtd. 1/2/2014.

(2.) Prosecution case is that police has registered case under Sec. 306 of IPC on the fact that on date of incident, applicants demanded money lent by them due to which deceased committed suicide. After investigation police filed charge-sheet before the learned trial Court and the trial Court framed the charges under Sec. 306 of IPC.

(3.) Counsel for the applicant submits that the demand of refund of loan amount does not amount to abettment under Sec. 107 of IPC and, therefore, charge under Sec. 306 of IPC ought to have not been framed by the trial Court.