SURESH CHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision under section 397 read with section 401 of Cr.P.C. is directed against the order passed by learned Special Judge, Indore, under SC/ST (Prevention of Atrocities) Act in Special Sessions Trial No.45/2014 dated 14.07.2015 wherein, learned Special Judge framed charges against the present applicant under sections 306/34 and 302/34 of IPC and under sections 3(2)(5) of SC/ST (Prevention of Atrocities) Act.

(2.) The facts giving rise to this revision are that present applicant is father of the main accused Hemant Joshi. It is alleged that deceased Sonu Peruliya, who belongs to Scheduled Caste, was married to Jitendra Peruliya on 12.11.2005. They have one son also. About 4 years prior to the incident, the family shifted to Gautampura where, fare price shop was alloted to said Jitendra Peruliya. A year prior to the incident, main accused Hemant Joshi constructed a house in the neighbourhood of the family and wife of Jitendra Peruliya started working as a teacher in New Modern School which is situated adjacent to the house of the main accused Hemant Joshi. It is further alleged that said Hemant Joshi under threat of killing husband of the deceased Sonu and his son, made physical relationship with the deceased Sonu Peruliya. Subsequently, husband of the deceased sent her to her parental house, however, the main accused reached there also and brought his wife and kept her in his house. There, it is alleged that he either admistered some poisonous substance to her or she herself consumed poisonous substance. She was admitted in the hospital by the main accused Hemant Joshi.

(3.) Subsequently, she died. From the hospital, merg intimation was sent and after due investigation, crime was registered. This revision is filed on the ground that no charge under section 306/34 is made out against the present applicant, who is father of the main accused as, no ingredients of section 107 of IPC are present.