OMVEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision under Sections 397 , 401 of CrPC has been directed against the orders dated 9.4.2018 and 17.4.2018 passed by Additional Sessions Judge, Datia in Sessions Trial No. 07/2018, whereby the application under Section 227 of CrPC filed on behalf of the petitioners for discharge from the offence punishable under Section 306 / 34 of IPC was rejected.

(2.) The prosecution story in nutshell is that Police Station Godan, District Bhind registered an FIR against the petitioners in Crime No. 59/2017 for the offence punishable under Section 306 / 34 of IPC. During merg enquiry, it was found that the petitioners abeted deceased Smt. Vijay, who committed suicide. After completion of investigation, charge sheet was filed.

(3.) The petitioners filed an application under Section 227 of the CrPC stating therein that the basic ingredients of Section 107 of IPC are not present, despite the charges have been framed under Section 306 / 34 of IPC. It is submitted that the impugned order is illegal, arbitrary and bad in the eye of law. The trial Court erred in not considering the ocular as well as documentary evidence available on record.