SANGITA BAI Vs. STATE OF MP

JUDGEMENT

(1.) The present petition under Section 482 of CrPC takes exception to the order dated 16.9.2015 passed by Second Additional Sessions Judge, Ashok Nagar in Sessions Case No. 10/2015, whereby the non-applicant No.2 was discharged from the offence under Section 306 of the Indian Penal Code, 1860 (in short, ' IPC ').

(2.) Briefly stated the facts of the case are that on 10.11.2014 Suresh Raghuvanshi S/o Omkar, aged 48 years, R/o Rawsar Jagir, Tahsil Esagarh, Distict Ashok Nagar had consumed a poisonous substance and committed suicide. The police has recorded his dying declaration, wherein the deceased had stated

(3.) Learned counsel for the applicant submitted that the order impugned is perverse and contrary to law. The act done by the non-applicant comes under the periphery of Section 107 of IPC and the court below has erred in not framing the charge under Section 306 of IPC, against the non-applicant No.2. Hence, prayed for allowing this petition directing the trial Court to frame the charge against the non-applicant No.2 for the offence punishable under Section 306 of IPC.