GAJENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has challenged the order dated 07.03.2014 passed by Additional Sessions Judge Gohad in S.T. No.17/2012 whereby the charges of offence punishable under Section 306 of Indian Penal Code (in short "the Code") was framed against the petitioner.

(2.) The prosecution case, in short, is that on 21.05.2011 at 8 o'clock Gandharv Singh-husband of the deceased informed at Police Station Gohad that his wife Anita got unconscious after consuming poisonous substance and she was admitted in KDJ Hospital Morar. She has died today at 1:30 o'clock at night. On this information, a Merg was registered. During Merg enquiry, it is found that deceased Anita has died due to consuming poisonous substance after being harassed by the act of the petitioner as he took her jewelry but did not return even after asking by the deceased. Thereafter, offence under Section 306 of the Code has been registered against the petitioner and after investigation charge-sheet has been filed. After receiving the case on committal, Trial Court framed the charge against the petitioner under Section 306 of the Code.

(3.) Learned counsel appearing for the petitioner vehemently submitted that the ingredients of the offence under Section 306 of the Code are not fulfilled and no iota of evidence is available on record to implicate the petitioner. He further submitted that learned Trial Court has erred in law in framing charge against the petitioner for the offence punishable under Section 306 of the Code while no material evidence available on record to prove the fact that the petitioner has abated the deceased to commit suicide. To Bolster his submissions counsel relied on the judgment of Hariom Vs. State of MP, 2007 1 MPLJ 195 and Santosh Vishwakarma and another Vs. State of MP, 2004 3 MPHT(Chh) 57.