LAWS(MPH)-2016-8-211

SHIVNARAYAN @ PAPPU Vs. STATE OF M P

Decided On August 30, 2016
Shivnarayan @ Pappu Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This criminal revision filed on behalf of the petitioner Shiv Narayan @ Pappu is directed against order dated 25.07.2016 passed by the Court of Sessions Judge, Raisen in S.T.No.1900408/2016, whereby a charge for the offence punishable under Section 306 read with Section 34 of the IPC was framed against petitioner Shiv Narayan and co-accused Anoop Dubey.

(2.) The case of the prosecution before the trial Court may briefly be stated thus: The deceased Harish Chouhan had borrowed some amount from petitioner/accused Shiv Narayan @ Pappu Malviya. He had returned sufficient amount, yet the petitioner Shiv Narayan and co-accused added usurious rates of interest to the principal amount and used to threaten him for returning the same. At about 8:00 p.m. on 01.04.2016, petitioner Shiv Narayan visited the residence of the deceased and threatened that he would anyhow recover his money. If the deceased did not return it, he will see him. On 02.04.2016 at about 8:30 p.m., petitioner Shiv Narayan again visited the residence of the deceased and threatened him for money. After sometime, the deceased consumed a sulfas tablet.

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