HARIOM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPLICANT has filed this revision against the order dated 20-12-2005, passed by II Additional Sessions Judge, Sagar, in Sessions Trial No. 316/05, framing the charge against him under Section 306 of IPC.

(2.) LEARNED Counsel for the applicant submits that there is absolutely no material on record for making out charge under Section 306 of IPC.

(3.) IN brief, the prosecution story is that in the night between 19th and 20th February, 2005, at about 1. 30 o'clock, applicant entered the house of Pushpa (deceased) with a view to outrage her modesty. Hearing noise, Hemant and of her persons reached there, whereupon, applicant ran away from the room. Hemant assaulted applicant by means of lathi. Next morning i. e. , about 8. 00 a. m. on 20-2-2005, Pushpa committed suicide by hanging in her room. A merg report was lodged by Ambika Prasad, the grand father of Pushpa. On post-mortem examination of the dead body, it was opined that Pushpa had died by hanging.