LAWS(P&H)-1998-11-25

SURENDER KUMAR Vs. STATE OF HARYANA

Decided On November 26, 1998
SURENDER KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Nobody has given the appearance on behalf of the complainant.

(2.) This is a criminal revision and has been directed against the order dated 2.9.1994 passed by the Court of Addl. Sessions Judge, Rohtak, who decided to frame charge against the petitioner under Section 506 I.P.C.

(3.) The brief facts of the case are that a criminal case was registered against the petitioner on the complaint of Kashmiri Lal uncle of deceased Raj Kumar @ Raju. The story of the prosecution is that Raj Kumar alias Raju was employed as an artisan to learn about the work of golden chains at the shop of petitioner. On 6.4.1993 Raj Kumar was accused of stealing 10 grams of gold from the shop of the petitioner. The person of the deceased was searched by taking off all his clothes and he was also given beatings. On 26.4.1993 the deceased committed suicide by jumping himself before a running train. A written note was recovered from the pocket of the deceased in which he had stated that Surender Kumar present petitioner is responsible for his death because he has levelled false ac- cusation of stealing 10 grams of gold. The learned trial Court for the reasons stated in para No. 5 of the impugned order decided to frame the charge against the petitioner under Section 306 I.P.C. and the said para of the order reads as under :-