DEVRAJ BAGHEL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Section 397 read with Section 401 of the Cr.P.C, has been directed against the order dated 22.08.2016, passed by A.S.J to the Court of First Additional Sessions Judge, Raisen, in S.T. No. 145/2016, whereby charges have been framed against the petitioner- Devraj Baghel for offence under Section 306 in alternative Section 306 / 34 of I.P.C.

(2.) As per the prosecution story, a unknown dead body was found hanging in a tree. The same was then identified as Pradeep Baghel aged 35 years. Post mortem report shows that he died due to asphyxia, as a result of hanging. A suicide note was recovered which was written on a marriage invitation card. According to the suicide note, the petitioner- Devraj Baghel and his son Bhupendra gave Rs.25,000/- to Jamuna Prasad. Jamuna Prasad in turn lodged false report through his grand daughter for offence under Section 354 of I.P.C and under SC/ST (PO) Act, 1989 (in brief the Act, 1989) .During the course of investigation, the statement of Param Singh, the father of the deceased and Rachna Baghel, has been recorded. Wife of the deceased indicates that deceased was doing cultivation as well as earning his livelihood by working with the harvester. The petitioner- Devraj Baghel, his son Bhupendra Baghel and Ram Babu with common intention implicated deceased Pradeep Baghel about some mobile repairing incident. They exaggerated the incident and lodged a report of false extortion and harassed Pradeep Baghel. Because of which a criminal case has been lodged on December, 2015. After sometime Devraj with the help of Jamuna Prasad by providing some amount lodged a false report of outraging the modesty of a girl and implicated Pradeep. Therefore, with this humiliation and defamation, Pradeep left his home and committed suicide by hanging himself in a tree. Her wife Rachna Baghel has also supported this statement. Mohan Singh has also stated that Devraj Singh paid certain amount to Jamuna Prasad. Jamuna Prasad with the help of his son's daughter, lodged a false report under the Act, 1989 because of which Pradeep Singh felt so much harassed and humiliated that he committed suicide.

(3.) On filing of the charge sheet, learned trial Court framed charge as has been mentioned above.