MAHENDRA & ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants are aggrieved by framing of charges by the Additional District Judge, Ambah, M.P. vide order dated 08.12.2016 in S.T.No.292/2016 for commission of offences punishable under Section 306 of Indian Penal Code.

(2.) Briefly stated the facts are that on the date of incident, i.e., 1.5.2016, applicant No.1-Mahendra informed the police that at about 11 AM he and his wife Chameli visited his son's home. Thereafter, at about 12.00, Chameli informed him that she again went to his son's house, where she discovered that the house has been bolted from inside and despite repeatedly calling nobody responded to her call. Thereafter, with the help of nearby villagers the door was opened and it was found that Puran, his wife Seema and his son Anshul were found hanging. After that, the applicant No.1 himself went to the nearest Police Station and informed about the incident. Thereafter, a Marg intimation was recorded by the police under Section 174 of CrPC on 1.05.2016 upon receiving the information regarding death of one Puran, his wife Seema and his 8 years old son Anshul on 1.05.2016. Upon investigation by the police, it was found that 10 months prior to the incident, the sister of Puran, namely, Satyamala was attacked by another person of the village by knife and gun shot, in which she suffered severe injuries, whereafter, the culprit had committed suicide. Consequent after incident, Puran and his wife were not willing to live in the village Dharmagarh and were repeatedly insisted their father and other relatives for partition of the joint family property, but, father Mahendra and elder brother Vrindavan (applicants No.1 and 2 herein) were not willing for the same which led to several quarrels between the deceased and the applicants. It was found that on the date of incident also there were quarrels regarding partition of the joint family property which apparently led to commission of suicide by the deceased.

(3.) The police after conducting inquiry proceeded to register an FIR against the present applicants for commission of offences punishable under Section 306 read with Section 34 of IPC. Thereafter, the trial Court framed charges for commission of offences punishable under Section 306 of IPC. It is this order of the trial Court, which has been challenged by filing of present criminal revision.