SHIVSHANKAR GOEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition preferred under Section 397/401 of Cr.P.C. calls in question the legality, propriety and correctness of order dated 29.08.2016, whereby charge under Section 306/34 of IPC has been framed against petitioner - Shivshankar Goel and two other accused persons by 11th Additional Sessions Judge, Jabalpur in S.T. No.350/16.

(2.) As per prosecution, one Amarsingh committed suicide on 19.11.2015 by jumping over the railway track. His dead body was found nearby the railway track. A 'Merg' was registered in the matter and enquiry was conducted. On the basis of enquiry, First Information Report bearing Crime No.38/16 was registered against the petitioner and two other persons namely, Suresh and Gyanchandra for offence under Section 306/34 of IPC. Investigation was carried out and in due course, a charge-sheet was submitted before the Competent Court from where the case was committed to the Court of Sessions. The learned trial Court on the basis of material produced before it vide the impugned judgment framed a charge under Section 306/34 of IPC against the petitioner and other co- accused persons.

(3.) The allegation against the petitioner is that the deceased had borrowed some money from the petitioner and other co-accused persons, allegedly, he has repaid the money with interest still the petitioner and other persons were demanding money from him and the petitioner has lodged criminal complaint cases against the petitioner with regard to dishonour of cheque. Allegedly, the deceased has left a suicide note in which he has stated that he is feeling disturbed (varnacular text) because he has paid a lot of money by way of interest to the petitioner and other persons and still the money is being demanded from them.