RAJ BAHADUR VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) Applicants have filed this revision against the order dated 17-2-2007 passed by Sessions Judge, Chhatarpur, in Sessions Trial No. 14 of 2007, framing charge against the applicants under section 306/34 of the Indian Penal Code.

(2.) Learned counsel for the applicants submits that on the basis of the evidence and the material adduced by the prosecution, before the Court, alongwith the charge sheet, prima-facie no offence under section 306 of the Indian Penal Code is made out. He submits that from the material on record no ingredients constituting the offence under section 107 of the I.P.C. are appearing, therefore, the order of framing charge under section 306 of I.P.C. is illegal and deserves to be quashed.

(3.) On the other hand, learned counsel for the respondent/State submits that from the evidence of Moolchand, Ramgopal, Tejal Bai and Chironjilal, a prima- facie case is made out that the applicants treated deceased Mithilesh Bai with cruelty with a view that she may commit suicide. As such, there is prima-facie material on record for framing the charge under section 306/34 of the I.P.C. He justified the order of the trial Court framing the charge under section 306 of the I.P.C.