LAWS(MPH)-2019-1-290

RAMESHCHANDRA Vs. STATE OF M.P.

Decided On January 23, 2019
RAMESHCHANDRA Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Applicants are being aggrieved by order dated 12/11/2018 passed by 2nd Additional Sessions Judge, Shujalpur, District-Shajapur in ST No. 290/2017, preferred this revition petition, whereby the charge for offence under Section 306/34 of the IPC has been framed against them.

(2.) Facts given leading to rise this petition are that on 27/10/2016, police received an intimation regarding unnatural death of two persons namely, Sudha Devi and her son Sanket Gurvadiya. Police registered Merg Nos. 54/2016 and 55/2016 respectively under Section 174 of the Cr.P.C. During the course of enquiry and the material, which was collected from the place of incidence, police registered an offence under Section 306/34 of the IPC against the applicants at Police- Station-Shujalpur, District-Shajapur at Crime No. 253/2017. After completion of the investigation, charge-sheet was filed before the court of Judicial Magistrate First Class, Shujalpur, who committed the case to the Sessions Court, which ultimately transferred to the Court of 2nd Addtional Sessions Judge, Shujalpur, District-Shajapur for trial.

(3.) The trial Court while impugned order dated 12/11/2018, framed the charge for offence under Sections 306/34 of the IPC against the applicants on two counts. The applicants have preferred this revision petition on the ground that ingredients of the offence charged against the applicants not made out against them, therefore, the impugned order deserves to be set aside.