VINOD BANGALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS application under Section 439 of the Cr.P.C. has been preferred by the accused/applicant who is facing trial under Section 306 read with Section 34 of the I.P.C..

(2.) THE prosecution story is that the deceased Vinod Kumar Gupta committed suicide on 27th March 2003 at about 11 p.m. by jumping before the running train. The merg intimation was given by Sub Inspector G.R. Morya, on that the investigation was started and one suicidal note was also found in the pocket of deceased Vinod Kumar Gupta in which he has written that he is committing suicide on account of harassment committed by the accused persons namely, Vinod Bangali and G. Naidu. It is submitted that the charge sheet has been filed.

(3.) THE learned counsel for the applicant submitted that the accused is in jail since 1 -4-2003 and thereby he is in jail since more than 3 months and more-over, he submitted that in this case the only allegation against the accused is that some loan was outstanding against the deceased for which the accused along with one G. Naidu were demanding money back from the deceased and he was not able to repay the loan, therefore, allegation against the accused is that they were harassing and even they threatened to beat him.