ANNILAL @ ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 397 read with section 401 of the Cr.P.C., 1973 has been filed, to assail the order dated 22.12.2017, wherein charges have been framed against the petitioners, for offence, under Section 306 of the IPC.

(2.) Filtering the unnecessary details, the facts requisite for disposal of this petition are that, Ashish Chadhar was married to petitioner No.4 Puja on 06.02.2017. Petitioner No.1 Annilal alias Anil is the brother of Puja. Petitioner No.2 Nikram and petitioner No.3 Saraswati are the parents of Puja. It is alleged that Puja often was talking on her cellphone, which Ashish did not relish. He opposed Puja. Because of which, tussle between the husband and wife was going on. On 09.07.2017 at about 08:00 am., there was a dispute between the husband and wife. Mother of Ashish, Premrani tried to resolve the dispute. Puja snapped not to involve in the dispute between husband and wife. Premrani then rang up to her husband Umashankar, father of Ashish. He came to the house. Puja then closed the door of the room and was speaking on her cellphone. After some time, Puja opened the door and was packing up her things in a suitcase. Umashankar tried to cool her down. At about 11:00 am., the petitioners Saraswati Bai, Nikram and Annilal came to the house. After some time, there was hot exchange of dialogues. For about three hours, the petitioners threatened Ashish. They left the home. at 04:00 pm. Ashish left by his motorcycle bearing No. MP-20-NB- 9848. When Ashish was asked where he was going, Asish said to his father that he is going up to Patan and will return soon. Till 08:00 pm., Ashish did not return. Therefore, he tried to call him, but his cellphone was not responding. On the next day kotawar Harishanker informed Umashankar that his son Ashish has been cut to pieces in the railway track, near Sehoda Railway Station. He went to the railway track and found the body of Ashish. There were several injuries found on the body. The dead body was identified and after inquest, crime has been registered for offence under Section 306, read with Section 34 of the IPC.

(3.) Charge-sheet has been filed. Learned Additional Sesion Judge Jabalpur framed charge for offence under Section 306 read with Section 34 of IPC.