NARAYAN & ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on admission and perused the record.

(2.) This revision has been filed under Section 397/401 of the Code of Criminal Procedure, 1973 against the order dated 28.5.2019 passed by learned 3rd A.S.J., Khurai, District Sagar in S.T. No. 26/2019 whereby the Trial Court has framed charge under Sections 323 in alternate 323/34 and 306 in alternate 306/34 of the Indian Penal Code against the petitioners.

(3.) As per the prosecution story, marg No. 62/18 was registered regarding the death of deceased Ramswaroop Yadav due to consuming some poisonous substance on 19.9.2018. Intimation was given to the Police by the Doctor of District Hospital Sagar. On the basis of said marg intimation, enquiry was conducted and statement of wife of deceased, his son and daughter in law were recorded in which they have alleged that in the morning of 19.9.2019 brother of deceased Narayan, Makhan and Sheetal and Nephew Bharat and Ajay assaulted the deceased because of property dispute due to which he felt very bad and in the night he committed suicide by consuming some poisonous substance. On the basis of enquiry crime No. 272/2018 was registered against the petitioner for offence under Sections 306, 323/34 of I.P.C. The police has investigated the matter and statements under Section 161 of the Cr.P.C. of witnesses taken in which they alleged that in the morning of 19.9.2018 dispute arose between petitioners and deceased regarding property and they assaulted the deceased when his daughter in law Vinita intervened then she was also assaulted by Ajay on hand by stick. When other family members came forward then the petitioners went back to their home. There after all family members of deceased went to Bandri and he was alone in the home and in the night he consumed some poisonous substance and was declared dead in the hospital. After completion of investigation police has filed the final report before JMFC Bina, where criminal case has been registered. The learned JMFC committed the case to the Court of Sessions where the Sessions Trial No. 26/19 has been registered and vide order dated 28.5.2019, the learned 3rd ASJ Khurai has framed the charges under Sections 323, 323/34, 306 and 306/34 of the I.P.C. against the petitioners.