SURENDRA PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 03.07.2015 passed in Sessions Trial No. 60/2014 by the Second ASJ, Sheopur by which charge has been framed under Sections 306, 420/34 of IPC against the petitioner.

(2.) The prosecution story in brief is that the deceased Jagdish Sharma was the maternal uncle of Anita, wife of Rahul. On the fateful day i.e. 14.06.2013 at about 10 'O' clock, Jagdish Sharma came to the house of Anita. When she left to bring a glass of water for him, Jagdish poured kerosene on himself and immolated himself. When she came back to the room, she saw Jagdish burning. She shrieked. On her shout, her neighbours Madhusudan Sharma and one Arvind Sharma rushed in. They saw Jagdish burning. They tried to extinguish the fire. Jagdish was burnt seriously. Jagdish Sharma died due to 90% of burning. On Anita's intimation at the Police Station Vijaypur, merg No. 12/13 was registered under Section 174 of Cr.P.C.

(3.) During the enquiry, it was found that accused Surendra Pathak, the brother-in-law of Jagdish and his son, Ajay Pathak, on the pretext of fettering a job in Railways, they obtained Rs. 17 lacs (Rupees Seventeen Lacs) from deceased Jagdish Sharma and his son Brijmohan Sharma. They also obtained Rs. 5 lacs (Rupees Five Lacs) from Lalpat, Rs. 3 lacs (Rupees Three Lacs) from Dinesh Sharma, Rs. 10 lacs (Rupees Ten Lacs) from Vasudev Shrivash by cheating them to provide jobs. When Jagdish Sharma and other persons asked the accused Surendra Pathak and accused Ajay Pathak to refund their money, they did not return the same. Because of which Jagdish Sharma was feeling mentally harassed. On 14.06.2013, Jagdish Sharma at Surendra Pathak's house burnt himself to death. Therefore, the offence under Sections 306, 420 read with Section 34 of IPC was registered against the accused Surendra Pathak and Ajay Pathak.