SOBHANATH SAHU Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANTS have filed this revision against the order dated 21.9.2007 passed by the Additional Sessions Judge, Waidhan, District Sidhi, in Sessions Trial No. 111/2007, framing charge against them under sections 498 -A and 306 of the Indian Penal Code.

(2.) LEARNED counsel for the applicants submits that on the basis of the statements of prosecution witnesses, first information report and other material adduced by the prosecution in the case, prima facie, no offence under section 306 of the Indian Penal Code is made out, as such, learned trial Court has committed serious illegality in framing the charge under section 306 of the Indian Penal Code.

(3.) LEARNED counsel for the applicants submits that, even taking the evidence adducted by the prosecution as it is, without adding or subtracting anything, there appears nothing on record that applicants in any manner intended that the deceased should commit suicide. There is no evidence that applicants did anything to abet her to commit suicide. Counsel submitted that the provisions of section 113 -A of the Indian Evidence Act, are also not applicable in the present case of deceased had taken place about 9 years after her marriage.