LAWS(MPH)-2015-11-34

SURJEET SINGH THAKKAR Vs. STATE OF M.P.

Decided On November 02, 2015
Surjeet Singh Thakkar Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This criminal revision under section 397 r/w section 401 of Cr.P.C. is directed against the order passed by the learned Third Additional Sessions Judge, Indore in Session Trial No.352/2015 dated 07.08.2015 whereby the learned trial Judge framed charges against the present applicant under section 306 of IPC.

(2.) Brief facts which are relevant for disposal of this revision are that the deceased- Pradeep Tiwari committed suicide on 05.10.2014. The deceased left a suicide note in which it was alleged that the present applicant who is running a transport company and with whom the deceased attached two trucks bearing registration Nos.MP09-HG- 3846 and MP20-HB-0863 and the present applicant was under an obligation to pay rent for trucks. However, he was not paying the rent to him regularly and was also not retuning the trucks to him and driven by this fact and also under severe frustration, he committed suicide.

(3.) The case of the present applicant is that the trucks do not belong to the deceased though they were purchased in name of the deceased. The money was actually paid by the present applicant immediately after purchase of trucks. The trucks were under the control and supervision of the present applicant and for this purpose on 31.03.2012 the deceased executed a consent letter, copy of which is filed by the present applicant.