BRAJESH @ PATLOO Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner/accused has preferred this revision under Section 397 read with section 401 of the Cr.P.C, 1973 to assail the order dated 10.11.2017, passed by the Sessions Judge, Hoshangabad, in S.T. No. 142/2017, wherein charge has been framed against the petitioner for offence under Section 306 of I.P.C.

(2.) Bereft of the unnecessary details, the facts requisite for disposal of this revision are that the marriage of Bindu (since deceased) was fixed with the petitioner-Brajesh. Brajesh and Bindu were exchanging conversation by their cell phones. After some time, the petitioner said to Bindu that he does not like her for she is not fair in complexion. Some good proposals have been received by him. He also raised objection that Bindu was speaking to others. He suspected her to be unchaste, because of which Bindu became depressed. Once when she was speaking to the petitioner, she expressed that instead of leading such a life, she would prefer to die. In reply, the petitioner said that if she really wants to die, she may die. His burden will reduce. Because of that Bindu, later, committed suicide by hanging herself.

(3.) On behalf of the petitioner, it is claimed that the petitioner is innocent. The petitioner has never abetted the commission of offence under Section 306 of the I.P.C. As the marriage was not performed, the presumption under Section 113-A of the Evidence Act is not attracted. Even if the statement of the witnesses taken in its entirety, no offence under Section 306 of I.P.C is made out, as there is no abetment to commit suicide.