LAWS(MPH)-2017-6-31

RAKESH GUPTA Vs. STATE OF MADHYA PRADESH

Decided On June 21, 2017
RAKESH GUPTA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is a petition under Section 397 and 401 of the Code of Criminal Procedure, 1973 (for short 'the Code') calling in question the legality, propriety and correctness of order dated 16.12.2015, whereby a charge under Section 306 in alternate S.306/34 of IPC has been framed against petitioner Rakesh Gupta.

(2.) Petitioner Rakesh Gupta and his brother Shyam Gupta have been prosecuted under Section 306 in alternate S.306/34 of IPC for abetting his brother Rajkumar Gupta to commit suicide who as per prosecution had committed suicide on 14.06.2015 at around 2.30 p.m. by jumping into Kshipra river from Mangal Nath temple bridge, Ujjain.

(3.) The allegation against the petitioner is that he was not willing to part away with half share of the deceased in the ancestral property and that he was harassing the deceased in this regard. Further allegation is that the petitioner did not permit the deceased for having reconnection of the electricity in his premises and, therefore, Rajkumar Gupta feeling harassed and humiliated committed suicide by jumping into the river.