RAJ KISHORE Vs. STATE OF M.P

JUDGEMENT

(1.) By this criminal revision under section 397 read with section 401 of Cr.P.C. 1973 (in short "the Code") petitioners have challenged the order dated 31.10.2013 passed by the Second Additional Sessions Judge Sheopur in S.T.No.95/2013, whereby the charges of offence punishable under section 306, 342 and 330 of Indian Penal Code 1860 (in short "the Penal Code") have been framed against the petitioners.

(2.) The prosecution case, in short, is that on 1.7.2013 a report was lodged at Police Station Agar against the petitioners Raj Kishore and Rinku under sections 342, 306/34 of IPC by the father of the deceased alleging therein that one Vinod used to run a Flour mill in the campus of the complainant-Kamlesh and when he asked Vinod to vacate the Cr.R.No.152/2014 (Raj Kishore and another Vs. State of M.P. ) 2 premises the real brother of Vinod namely Raj Kishore and his nephew Rinku @ Pradeep had leveled false allegation against Luvkush son of complainant Kamlesh and the petitioners took him along with them and confined him and caused injuries to him, to be precise the petitioners had involved Luvkush in one false theft case and due to which he had committed suicide by jumping in the well. On this complaint, police lodged an FIR against the petitioners and charge- sheet was filed for the offences punishable under sections 342, 306/34 of the Penal Code and the case was committed.

(3.) The learned Additional Sessions Judge after considering the evidence collected by the prosecution, framed the charges against the petitioners for the offence punishable under sections 306, 342 and 330 of the Penal Code.