MUNNALAL JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has preferred this revision under section 397 of the Code of Criminal Procedure, feeling aggrieved by the order dated 5th February, 2008, passed by Sessions Judge, Shivpuri in ST No.223/07, whereby ordered for framing of the charge under section 306 of IPC.

(2.) BRIEFLY stated the facts of the case are that on 15.1.2005 at village Rannod one Kalicharan s/o Bhaiyalal Soni committed suicide by hanging himself. On information, Police Rannod had registered an inquest report and started investigation. On search, a suicidal note has been found in the pocket of deceased Kalicharan, wherein he stated that for his suicide accused Munna Chowdhary and Hartoon Singh should be held liable because they had forced him for payment of due amount which he had taken as loan from some person of Banskhedi. On the basis of this suicidal note a case under section 306 IPC had been registered by the police. The deadbody of the deceased was sent for post-mortem examination to the Government Hospital where the concerning Autopsy Surgeon performed the post-mortem and opined that deceased Kalicharan died due to asphyxia on account of hanging by neck. The police had prepared spot map, recorded the statements of various witnesses and arrested the accused and after investigation charge-sheet had been filed.

(3.) HAVING heard the learned counsel for the applicant as well as public prosecutor for the State and perused the record.