OMKAR LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision is directed against the order passed by the learned 3rd Additional Sessions Judge, Ratlam in Session Trial No.127/2016 whereby the learned Additional Sessions Judge proceeded to frame charge under Sec. 306 of IPC.

(2.) The relevant facts for disposal of this revision are that on 007.2015, dead body of the deceased Arti was found on the railway track. Initially, it was found that semen was present in her body and also it was found that somebody had physical intercourse with her prior to her death, and therefore, further investigation was carried out and the samples were sent for DNA finger printing. In the report, it was found that no semen were present in her body, and therefore, the charge under Sec. 376 Penal Code was dropped.

(3.) So far as the charge under Sec. 306 of Penal Code is concerned, it is alleged that prior to her death, she was seen going towards the railway track with the present applicant. It was alleged that the present applicant was having an affair with the deceased. He wanted to forcibly marry her. He was already married and in relation, he was nephew of father of the deceased. They advised the deceased not to meet the present applicant-Omkar, and thereafter, she stopped meeting him, and then, it is alleged that he started harassing her and also threatening her that he would defame her and due to this, the deceased was mentally upset. She expressed on many occasion that due to such harassment, she was very upset and she wanted to end her life. On the basis of statements made by all the family members expressing their doubt against the present applicant and the offence under Sec. 306 of Penal Code was registered and charges were framed as aforesaid.