JAGATLAL AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of the Cr.P.C filed on behalf of the applicants Jagatlal, Omkar, Kallu, Anil, Savita, Vimla and Manisha is directed against the order dated 09.09.2015 passed by the Court of Additional Sessions Judge, Pawai, District- Panna, in S.T.No.79/2015, whereby learned trial Judge has framed a charge against the accused persons for the Offence punishable under Section 306 of the IPC.

(2.) The Case of the Prosecution before learned trial Judge may briefly be summarized as hereunder: Applicants/accused persons are members of the extended family of deceased Indrawati. The deceased and the accused persons were neighbours in a village Hardua. The accused persons used to utilize the piece of land belonging to the deceased Indrawati as a passage for ingress and egress to their house. This led to a dispute between the deceased Indrawati on one hand and accused persons on the other. At around 9:00 a.m on 26.01.2015, accused persons Savita and Vimla had passed through the dispute passage, whereon, the deceased had asked them not to use that land as a way. consequently, Savita and Vimla had abused Indrawati and had beaten her. On account of aforesaid dispute, the accused persons, Manisha, Jagatlal, Omkar, Kallu, Anil, Savita and Vimla always used to pick quarrel with Indrawati; therefore, Indrawati had become fed-up with frequent quarrels. At around 10:00 a.m at 02.03.2015 accused persons Savita, vimla, Manisha, Jagatlal, Kallu, Anil and Omkar had quarreled with Indrawati, they were pressurizing her to take her report back and had threatened that otherwise they would kill her. All accused persons had abused Indrawati and had beaten her. At that time, Indrawati had run away from the spot and was in terrible anger. At around 3:00 p.m, Indrawati locked herself inside a room in her house and after pouring kerosene upon herself, had set herself ablaze. Her son Bhanu Pratap called his father and uncle, thereafter, the door of the room was broken open and Indrawati was taken to hospital. On her way to hospital, she succumbed to burns suffered by her. Marg intimation was lodged. Investigation was conducted and a charge-sheet against aforesaid applicants/accused persons was filed under Section 306 read with Section 34 of the IPC. After hearing the applicants, learned Additional Sessions Judge framed charge against the applicants as aforesaid.

(3.) Inviting attention of the Court to various authorities, it has been argued on behalf of the applicant that even if all allegations made against the applicant are taken at their face value, their act and conduct would not fall under the ambit of abetment of suicide.