MAKHAN AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision has been filed under Section 397 read with Section 401 of Cr.P.C., wherein challenge has been made to order dated 29.08.2017 passed by IIIrd A.S.J., Sagar in Sessions Trial No.131/2017, whereby the learned trial Court has framed charges for offence under Section 306 read with Section 34 of the I.P.C. against the applicants/accused persons.

(2.) Bereft of the unnecessary details, the facts requisite for the disposal of this revision are that, Makhan Singh informed the Police, Naryawali on 17.02.2015 that, his cousin Nannu @ Nandram Yadav died due to crush by the train near village Bhatua. The dead body was lying in the railway track. Merg No.04/2015 was lodged. During the inquest statements of Makhan Singh, mother of deceased Radha Rani, brother of deceased Ramji, Rakesh Yadav, Satyanarayan Yadav, Rambaran Yadav, Rohan Singh Yadav and others recorded, other witnesses Ramnath, Kissu @ Kesav, Narendra and Jagbhan were also recorded. Call details were traced.

(3.) After the inquest, it was found that the deceased and the accused persons were having a land dispute. On 16.02.2015, deceased Nannu @ Nandram had gone to a place at Naryawali for meals (pangat) along with the accused persons. There was a quarrel between Nannu @ Nandram with the accused persons Ramadhar Yadav, Kamlesh Yadav, Makhan Yadav and Shriram Yadav. All the accused persons beaten him near Samos railway crossing, Naryawali. Before this incident, Nannu @ Nandram was abused by obscene words and beaten many times by the accused persons. Therefore, Nannu @ Nandram was sad and thinking of committing suicide. On 17.02.2015 during the afternoon, Nannu @ Nandram committed suicide by jumping before the running train at village Bhatua because of the harassment and instigation caused by the accused persons. Nannu @ Nandram was abetted to commit suicide. Hence, FIR was lodged on 31.12.2016 for offence under Section 306 read with Section 34 of I.P.C.