PRAKASH CHANDRA GARG Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision application has been filed by the applicants under Sec. 397/401 of the Cr.P.C. feeling aggrieved by the order dtd. 02/03/2019 passed by Additional Sessions Judge, Neemuch in S.T. No. 79/2018, whereby the trial Court has framed the charge for commission of offence punishable under Sec. 306 of the IPC against them.

(2.) The facts leading to the filing of the present case are that on 30/05/2018, police-Station-Neemuch Cantt., District-Neemuch received an information regarding the unnatural death of one Vijay Kumar Garg aged about 50 years. On the basis of which Police registered Merg No. 15/2018 under Sec. 174 of the Cr.P.C.. During the course of inquiry of the Merg, it was found that there was a dispute between applicant No.1 and the deceased in respect to the share in the property, due to which the applicants were torturing and harassing the deceased and consequently, he committed suicide by consuming poison. The deceased was taken to Fortis Hospital, Udaipur for treatment, wherein deceased Vijay Kumar Garg leveled the allegations of torturing and harassment against the applicants in his video dying declaration. On the basis of the aforesaid inquiry, police registered FIR bearing Crime No. 332/2018 for commission of offence punishable under Sec. 306 of the IPC at Police Station-Neemuch Cantt., District-Neemuch. After completion of the investigation, charge-sheet was filed before the court of Judicial Magistrate First Class, Neemuch.

(3.) The offences sought to be charged against the accused persons were triable by the Court of Session. Accordingly, the case was committed to the Court of Session for trial. The trial Court vide the impugned order dtd. 02/03/2019 framed charge against the accused persons for commission of offence punishable under Sec. 306 of IPC . The applicants have filed this revision application on the ground that the ingredients of offence charged against the present applicants are not made out and therefore, the impugned order deserves to be set aside.