FAJJU @ FAIJAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under section 397 read with section 401 of the Code of Criminal Procedure, 1973 has been filed to assail the order dated 14.11.2017, wherein the learned Additional Sessions Judge, Pawai (Panna) has framed charge against the petitioner for offence under section 306 of the Indian Penal Code.

(2.) Bereft of unnecessary details, the facts requisite for disposal of this petition are that on the intervening night of 24.7.2017 at about 11 p.m. and 6 a.m. of 25.07.2017 the deceased-Prahlad Patel, aged about 35 years, resident of village Raikra, Police Station, Simariya, District Panna hanged himself to death. On 25.7.2017, at about 6 a.m. the complainant-Mukesh Patel (maternal nephew) of the deceased found him dead. It is alleged that the petitioner-Fajju @ Faijal had advanced Rs. 5,000/- to the deceased. Earlier, on 23.7.2017 at about 9.30 a.m. the petitioner had threatened the deceased to refund Rs. 2 lacs as principal and interest. One day before the date of incident, allegedly, the petitioner had threatened the deceased to return this money, failing which he would abducted and killed. Because of this harassment, the deceased allegedly committed suicide.

(3.) On this report, Merg report was lodged. Subsequently, after enquest crime was registered for offence under section 306 of the Indian Penal Code at Police Station, Simariya against the petitioner. After due investigation charge-sheet has been filed. The learned trial Court framed charge for offence under section 306 of the Indian Penal Code.