LAWS(MPH)-2017-11-168

SURESH PATEL Vs. STATE OF M P

Decided On November 14, 2017
SURESH PATEL Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This criminal revision has been filed under Section 397/401 of the Code of Criminal Procedure (for short 'the CrPC') challenging the order dated 14-6-2017 passed by the learned III Additional Sessions Judge, Link Court, Sounsar District Chhindwara in S.T. No.11/2017 [State of M.P. vs. Ganpati Dandwe and another] whereby charge under Section 306/34 of the Indian Penal Code [for brevity 'the IPC'] has been framed against the applicant.

(2.) Facts of the case, succinctly stated are that the Police Station, Sounsar registered Crime No.234/2016 in respect of offence punishable under sections 306/34 of the IPC and under section 3/4 the M.P. Protection of Debtors Act, 1937 against the present applicant and one other co-accused. After investigation charge-sheet was filed by the police before the competent court of jurisdiction which in turn, committed the matter to the Court of Sessions for trial.

(3.) Allegations from the record appear to be that the deceased is one Sangeeta wife of the complainant Yadav Ladse. It is alleged that one Ganpati took amount from Sangeeta by pledging registry documents with respect to the house of the deceased for a consideration of Rs.70,000/- for his personal use in presence of the present applicant. It is alleged that when Sangeeta demanded the said amount the co-accused, Ganpati refused payment and also denied return of the registry papers. Prosecution alleges that because of refusal of return of the registry documents, Sangeeta committed suicide pouring kerosene and setting herself ablaze.