RAM SEWAK Vs. STATE OF M P

JUDGEMENT

(1.) COUNSEL for the parties are agreed that the matter be heard and disposed of finally at this stage.

(2.) HEARD.

(3.) THE two petitioners are brothers-in-law (SALAS) of third accused Tejilal. They have been charge-sheeted for offence under Section 306 I. P. C. , on allegation that Tejilal's brother Basantlal committed suicide in his own house by hanging himself on the night between 11th and 12th of October, 1998 at about 3 a. m. . The circumstances leading to this suicide were that the accused Tejilal and deceased Basantlal being real brothers had jointly built a house in Netanagar, Adhartal. Deceased, thereafter, wanted a partition to which Tejilal was not agreed and resisted it violently. As Basantlal insisted for separation of his share, Tejilal used to threaten him and had assaulted him once or more time previously. This situation was continuing for about three years, during which Tejilal's wife, two brothers namely; Ram Sewak and Rammulal (the present petitioners) also joined hands with Tejilal in threatening Basantlal. They even asked him to vacate the house and threatened him about it. The exact nature of threats given are not disclosed in evidence, but, we will assume that were to do something resulting in dire consequences. On 10-10-1998 he had rushed to the house under the apprehension that some GUNDAS have been put after him by Tejilal and his brothers-in-law to do physical assault and harm to him. He rushed to house and told his wife about his apprehension. He told that he suspected that Tejilal and his two SALAS have sent some GUNDAS after him so he left his house and spent the night at a friend's house. He had gone to the house of Goli Kumhar for self protection. Next day he came to his house which was a joint house and during the night of 11th and 12th October at about 3 a. m. , he hanged himself with the rope to the roof. As the chair fell, his wife woke up and noticed him hanging, but, he had died by that time. Keeping in view these circumstances, the trial Court i. e. , 6th Addl. Sessions Judge, Jabalpur framed charges under Section 306 I. P. C. against all the accused.