ANKIT GUPTA Vs. STATE OF MP

JUDGEMENT

(1.) THIS criminal revision is directed against the order passed by the learned Additional Sessions Judge, Dhar in Session Trial No.276/2014 dated 5.9.2014 whereby the learned Additional Sessions Judge framed charge against the present applicant under section 306/34 of IPC.

(2.) BRIEF facts which are relevant for disposal of this revision are that on 20.4.2014, the deceased Yogesh Rawat committed suicide by consuming some poisonous substance. According to prosecution story, the present applicant along with other co -accused made the deceased habitual of dance parties and high style of living. They compelled him to borrow money on higher rate of interest and encouraged him to spend money on expensive items including garments tor the accused also. Subsequently, when heavy loan was outstanding against the deceased, they started harassing him mentally and physically and driven by such mentally harassment the deceased committed suicide.

(3.) CASE -diary is available. As per statement recorded under section 161 CrPC, the deceased while being taken to Indore for further treatment, made an oral dying declaration before the prosecution witness Dipak Rawat and Satish Rawat. His father also confirmed that the present applicant and other co -accused were harassing him for recovery of loan amount. Learned counsel for the applicant placed reliance on judgment of Hon 'ble High Court in Babbi @Jitendra v. State of M.P., [2008(III) MPWN 8=2008(2) MPHT 160]. In this judgment, the Hon 'ble Court observed that