KHYALIRAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been preferred by the petitioners impugning the order dated 9-2-2005 passed by the Additional sessions Judge, Ganjbadosa, Dist. Vidlsha, in Sessions Trial No. 208/2004, by which the learned Judge has ordered to frame the charge against the petitioners for the offence punishable under Section 306 of IPC.

(2.) ADMITTEDLY, the deceased-Revishankar s/o. Bharat Singh Kurmi committed suicide by consuming poisonous substance on 29-6-2004. His dying declaration was recorded. The relevant part of the statement is as under : (Vernacular matter omitted. . . Ed.)

(3.) ON perusal of the statements of Bharat singh and Arvind Patel who are the father and brother of the deceased, it appears that one letter was found in the pocket of the deceased which was addressed to the in-charge Police Station, Teonda. Despite direction and awaiting for a period of more than one year, that letter could not be produced by the State nor it has been informed as to whether the letter is available with the police or not. It can be taken as an example, as how the concerning State authorities are responsible towards the highest Court of the state. It is for the State also to consider.