MUKESH ROKADE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred this application under Section 482 of Code of Criminal Procedure, 1973 (for short 'The Code'), being aggrieved by the order dated 02/11/2017 passed by learned XIII Additional Sessions Judge, Indore in Session Trial No. 498/2017 whereby the trial Court has framed charges against the applicant for commission of the offence punishable under section 306 of IPC.

(2.) Briefly stating, the facts of the case are that on 18/04/2016, Police station Kannadiya got an information that deceased Rahul Jain committed suicide by hanging himself at his house. On the basis of said information police lodged Merg intimation No. 24/2016 under Section 174 of the Cr.P.C and investigated the matter. During investigation of Merg police seized one suicide note from the possession of deceased's father Ramchandra from his house in which it was mentioned that the present applicant/accused along with other coaccused Manish had extorted lakhs of rupees from the deceased and they threatened to kill him due to which the deceased committed suicide. On the basis of which, the police registered FIR for the offence punishable under section 306 of IPC at Crime no. 135/2017 on 11/03/2017. The police arrested the applicant and after completion of investigation, charge-sheet was filed.

(3.) Learned trial Court, after perusal of entire material on record, by the impugned order dated 02/11/2017 came to the conclusion that prima-facie, charge under section 306 of IPC is made out against the applicant. Being aggrieved by the impugned order, the applicant has preferred the present petition before this Court.