GOVIND SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has preferred this revision under Section 397 read with Section 401 of Criminal Procedure Code, 1973 (for short, the 'CrPC') against the order dated 10.4.2015 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Vidisha, in Special Case No. 204/2014, whereby the charges punishable under Section 306 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Special Act') have been framed against the applicant.

(2.) Brief facts of the case are that the deceased was married to Kailash, resident of Village Bichhiya, and out of their wedlock one daughter and two sons are born. The deceased Sangita came to her maternal house in the month of August 2014. When her husband Kailash came to take her, she refused to go with him. On 17.5.2014 Kailash again came to village Bhatkhedi for taking Sangita and this time she was ready to go with her husband but accused/applicant restrained the deceased Sangita from going to her inlaws house and he tried to develop relation with her. On 18.5.2014 at about 6.30 am, Sangita went for natural call, the applicant Govind Singh also went behind her. When she did not come back till 9 o'clock then she was searched and her dead body was found in a well. The matter was reported to the Police Station Karariya, District Vidisha. The police registered a merg bearing Merg No. 21/2014 under Section 174 of CrPC. During merg enquiry, it was found that the applicant restrained the deceased from going to her inlaws house and also gave her a threat due to which she committed suicide. Therefore, the offences under Section 306 of IPC and Section 3(2)(v) of the Special Act were registered and after completion of investigation, charge sheet was filed.

(3.) The order of framing of charge under Section 306 of IPC and Section 3(2)(v) of the Special Act is the subject matter of present revision application.