SURENDRA JAIN Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has filed this revision against the order dated 21.9.2005, passed by II Additional Sessions Judge, Sagar, in Sessions Trial No. 344/ 06, framing the charge against him under sections 306 and 506 II of IPC.

(2.) LEARNED counsel for the applicant submits that on the facts and circumstances as appear from the record, no case for framing the charge under section 306 of IPC is made out, as such, the trial Court has committed error in framing the charge against the applicant.

(3.) DURING investigation, police recorded the statements of Lalchand Shastri (Father), Smt. Kasturi Jain (Shastri) (Mother), Purshottam Choubey and Kanchedilal. His father stated that his son Rajiv Shastri worked in partnership with the applicant Surendra Jain. Both of them were doing the job of plantation and plastics. For last two years their scheme failed and they incurred huge loss. Some differences arose between them over settlement of the accounts. Applicant asked some money from Rajiv and pressurized him. On 18.7.2005, he overheard a telephone call on parallel line made by applicant to deceased wherein he had made demand of money from him and intimidated him that he may do anything if money was not paid. Rajiv requested him that all the accounts were with him (Surendra) and he was ready to pay if anything was due from his side. According to witness, he did not know anything about the agreement or terms of partnership between them. However, deceased had informed him that Surendra was not settling accounts. Similar statement was given by the witness Smt. Kasturi Jain. According to her, the mental condition of her son was not stable, often he told her that Surendra had embroiled him. According to her, somebody by name Choubey had also intimidated Rajiv, but Rajiv did not disclose anything to her and committed suicide by coming under the running train on 19.7.2005. Smt. Sadhna, the wife of Rajiv (deceased), disclosed that Surendra and deceased were close friends and were doing the business of sale and purchase of land. Her husband had also share in the business, but he never informed her about the dealings. In the night of 18.7.2005, her husband told her that though he had done a lot for Surendra Jain, but he was threatening him to kill or to lift his children. In the past also he had intimidated her husband. Out of fear, she did not let her children go to school for 3-4 days. In the morning of 19.7.2005, she came to know that her husband got cut by the train. So far as the witness Purshottam Choubey is concerned, he disclosed that he himself did not extend any threat to deceased. Witness Kanchedi disclosed that he was in the business of property dealing. He had formed a company by name Girnar Plantation & Farm Development Pvt. Ltd.. This company was formed in the year 1994. He was one of the Directors and applicant Surendra Jain was Managing Director of the Company. Rajiv Shastri (deceased) and Sadhna Jain owned about 450 shares. Due to loss, this company was wound up in the year 2004. They had to bear the loss. Rajiv Shastri had no concern with the loss because he was not a post holder in the company. He stated that deceased was a heavy drunker and was a person of bad character. Due to his illicit relations with some woman, there were domestic problems in his family. Probably, he had committed suicide due to his family problems, but his father tried to clamp the liability over other persons.