PAMMY ALIAS PARMAL Vs. STATE OF MP

JUDGEMENT

(1.) This revision under Section 397/401 of CrPC has been filed against the order dated 04/05/2017 passed by Second Additional Sessions Judge, Dabra, District Gwalior in ST No. 19/2017 by which charge under Section 306 of IPC has been framed against the applicant.

(2.) The necessary facts for the disposal of the present revision in short that the dead body of Hakim Singh was found on the railway track on 06/09/2016, as he had committed suicide by jumping in front of the running train. During inquest enquiry, the statements of the witnesses were recorded and it was found that the deceased was in habit of gambling and the applicant used to lend money to the deceased at a very higher rate of interest as a result of which some property of the deceased was also grabbed by the applicant. In spite of repeated requests by the father of the deceased not to lend money to the deceased, the applicant continued to give money on loan to the deceased for the purpose of gambling and since the deceased was continuously loosing money in the gambling and, therefore, the applicant was forcing him to repay the amount at a higher rate of interest of 10- 20% and because of non-payment of amount he used to harass the deceased. It was also alleged that on 5/09/2016, the applicant had beaten the deceased in front of his wife and family members and when wife of the deceased tried to intervene in the matter, she too was beaten by the applicant. The deceased, therefore, felt ashamed and was frightened and thus, he committed suicide by jumping in front of the running train on 06/09/2016.

(3.) After registering FIR, the police recorded the statements of the witnesses under Section 161 of CrPC. After completing the investigation, the police filed the charge sheet for offence under Section 306 of IPC.