DEVENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has preferred this revision against the order dated 17-1-2006 passed by III rd Additional Sessions Judge, Khandwa (Fast Track Court) in S. T. No. 116/2005, whereby charges under Sections 306 and 506 (Part II) have been framed against the applicant. Applicant, however, has mainly challenged the charge framed against him under Section 306 of IPC.

(2.) DECEASED Suresh committed suicide on 27-1-2005 at Village ahmadpur, Khaigaon, District Khandwa leaving behind a suicide note indicating that the applicant was constantly harassing the deceased by giving threats to his life for last one month prior to the incident in order to recover the amount lent to him. On the basis of merg enquiry, an offence was registered against the applicant and was investigated and applicant was prosecuted under section 306 of IPC. On case being committed to the Court of Sessions, applicant was charged under Sections 306 and 506-B of IPC by the impugned order, which has been challenged in this revision.

(3.) THE learned Counsel for the applicant submitted that even if the prosecution case is accepted in its entirety, no case for framing a charge under section 306 of IPC against the applicant is made out. The learned Counsel for the applicant also submitted that suicide note allegedly left by the deceased only indicated that applicant wanted to recover the amount of loan given to the deceased and he never intended that deceased should commit suicide.