SATENDRA JHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal under Section 14-A(1) of the SC/ST (PA) Act, 1989, read with Section 397 of Cr.P.C. assailing the order dated 10/05/2018 passed by Special Judge (SC/ST Act) Dhar in Special case No. 44/2018, whereby the charges have been framed against the appellant for commission of offence under Section 306 read with Section 34 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for brevity 'the Act').

(2.) Brief facts leading to filing of the present appeal are that the present appellant was posted as Branch Manager of ICICI Bank, Badnawar, District Dhar (M.P.) at the time of the incident and the deceased Bhopal Singh was working as sub-ordinate to him. On 10/10/2018, Bhopal Singh poured petrol on his body and set himself to fire, due to which he sustained burn injuries. He was sent to Community Health Centre, Badnawar for treatment where his dying declaration was recorded in which he has disclosed that he was harassed by the present appellant, who forced him to work after office hours because of that he poured petrol on his body and lit fire. Looking to the serious condition he was referred to Choitram Hospital, Indore for further treatment, where he died on 11/10/2017.

(3.) On receiving the information regarding the death of Bhopal Singh, police registered marg intimation under Section 174 of Cr.P.C. and his dead body was sent for post-mortem. On the basis of marg enquiry police registered case for offence under Section 306 of IPC. Bhopal Singh was belonging to Scheduled Caste community, therefore, police also registered offence under Section 3(2)(v) of 'the Act' against the appellant. After completion of investigation, charge-sheet has been filed before the competent Court.