NEELESH JAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision filed under section 397 read with section 401 of the Code of Criminal Procedure on behalf of applicants/accused persons Neelesh Jat and Akash Jat, is directed against the order dated 1.10.2014 passed by the Court of 1st Additional Sessions Judge, Narsinghpur in Sessions Trial No. 253/2014, whereby the learned trial Court had framed a charge of the offence punishable under section 306 read with section 34 of the Indian Penal Code against the applicants.

(2.) The facts giving rise to this criminal revision may briefly be stated thus: Deceased Anand lived with his family members in a house built on their field. Accused persons Neelesh, Akash, Aditya and Rishab are distant cousins of one Rani Jat. At around 6:00 p.m. on 13.06.2014, the accused persons came to the house of deceased Anand and alleged that he was defaming Rani by linking her name to his name. Deceased Anand protested and said that he was not spreading any such rumor and he had nothing to do with aforesaid Rani. Accused persons threatened that they would kill the deceased and his family members. They also said that they had earlier expelled the family of the deceased from the village and now they would expel them from their house as well. Accused persons were armed with rod, axe and shovel. They manhandled deceased Anand. Accused Akash sat on the chest and intimated him. Other accused persons also raised their weapons upon him. Accused Akash assaulted Kalpana, the mother of deceased, breaking her bangles. Father of accused Akash and Rao Rajendra Singh, uncle of deceased and also came to the spot. They interceded in the matter. Thereafter, deceased Anand threw his mobile phone upon her mother Kalpana and ran towards the river. Ajit and Golu ran behind him but they could not find him. On the next day at around 10:30 a.m. dead body of deceased Anand was discovered on Railway track. He apparently committed suicide by lying under a running train.

(3.) The police filed charge sheet against the accused persons/applicants Neelesh and Akash in the Court of J.M.F.C., Narsinghpur. Accused persons Rishab and Aditya being below 18 years of age were proceeded against before the Juvenile Justice Board. After hearing the applicants, learned 1st ASJ framed the charge against them, as aforesaid.