MADHOLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition has been directed against the order dated 18/12/06 passed by IIIrd Additional Sessions Judge, betul in S. T. No. 194/06 in which applicants were charge-sheeted under Section 306/34/34 of IPC.

(2.) IT is admitted position that deceased was married with applicant No. 3 Sapna on 24. 4. 2004 and both of them lived together for some time. All applicants are closely related with each other.

(3.) IN brief the case of the prosecution is that on 21/01/06 deceased Sahablal went to his father-in-law's house Madholal applicant no. 1 for bringing back his wife Sapna. Deceased sahablal wanted to keep Sapna with his parents but Sapna was not prepared to live with them, therefore, she was living with her parents. Deceased used to suspect her character. On 6/01/06 her uncle Hiralal/applicant no. 5 and sister guddi/applicant no. 2 went to the deceased's house to bring her with them on the pretext that her mother applicant no. 6 Smt shiv Kumari is sick. She came alongwith them to her maternal house. Applicant no. 3 Sapna was living with her parents. On 21/01/06 the deceased went to the house of applicant No. 1 to bring his wife applicant No. 3. He wanted to take Sapna with him but she refused to go with him because deceased used to doubt on her character as well as he wanted to keep her wife with his parents and she was not ready for that. Sahablal who was having a broken glass in his hand has inflicted injury to himself. Immediately he was taken to W. C. Hospital by applicant no. 1 Madholal (father-in-law) where he succumbed to death. On Postmortem it was found that deceased Sahablal was drunk and he died due to injury caused by broken glass inflicted by himself. Learned Sessions Judge framed charge against all these applicants under Section 306/34 of the IPC.