LALIT SONALKI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition preferred under Section 397 / 401 of Code of Criminal Procedure, 1973 (for short 'the Code') calls in question the legality, propriety and correctness of order dated 08/11/2016 passed by 10th Additional Sessions Judge, Indore in Sessions Trial No.558/2016, whereby the charge for offence u/s. 306 read with Section 107 of the IPC has been framed against the petitioner.

(2.) The petitioner has been charge-sheeted in connection with death of one Anjali, wife of Prakash, who consumed poisonous substance on 14th November, 2015 and died as a result thereof on 16th November, 2015. The prosecution case is that Anjali (deceased), who was acquainted with the petitioner, persuaded her sister to lend Rs.15,000/- to him. However, the petitioner neither returned the principal amount, nor the interest accrued thereon. Allegedly, when Anjali (deceased) threatened the petitioner, that in case, he fails to repay the money and interest, she will die, then the petitioner responded saying that he is not going to return the money even if she dies.

(3.) As per prosecution, dying declaration of the deceased was recorded by Executive Magistrate on 15/11/2015, in which the deceased has stated about the aforesaid factual position and has further stated that out of anger, she consumed poisonous substance to end her life.