MANBIHARI MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the revision is heard finally.

(2.) By the instant revision filed under Sec. 397/401 of the Code of Criminal Procedure, the applicants are assailing the order dtd. 17/9/2021 passed by the Court of Special Judge (SC/ST Act), Chhatarpur, in Special Case No.217/2020 whereby the trial Court has framed charges under Sec. 306/34 of the Indian Penal Code and also under Sec. 3(2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against them.

(3.) As per facts of the case, Jalam Adivasi, who was a shepherd went towards jungle on 2/1/2020 early morning for grazing his cattle when did not turn back to his house, then his father namely Mannu Adiwasi had informed the police about the said fact and thereafter, the police registering a missing person case had made a search and found that by hanging, Jalam Adivasi committed suicide. Thereafter, vide merg intimation No.0002/2020, a case under Sec. 174 of the CrPC got registered and matter was enquired about and during the course of enquiry, it was gathered by the police that the applicants had not only abused the deceased but also assaulted him because their cattle (buffaloes) were found missing and suspect was on the deceased. During enquiry, the police also came to know about the fact that the applicants had created pressure upon the deceased for brining their cattle back, failing which, matter would be reported to the police and he would be sent to jail. However, the deceased had informed this fact to his friends and also to his parents and when he could not handle such pressure, then by hanging committed suicide.