VISHNU PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition is directed under Section 397/401 of Criminal procedure Code (in brief "the Code") against the order dated 26-8-2004 passed by First Additional Sessions Judge, Sagar in S. T. No. 213/04 whereby the direction for framing the charges for an offence under Section 306 of Indian penal Code has been given and in pursuance of it the same are framed.

(2.) THE brief facts of the case are that one Chintu @ Vivek gave a loan of Rs. 15,000/- to Vivek Gautam (the deceased), again the said amount was given by the deceased to the present applicant and as alleged this amount was not repaid by the applicant to the deceased in his life time and was tortured and harassed in respect of demand of said loan amount by Chintu @ Vivek and due to this some unhappy incident took place in between the deceased Vivek gautam, Chintu @ Vivek and present applicant and when the deceased was pressurized by Chintu for repayment of said loan amount and the same was not paid by the present applicant to the deceased, in such a circumstance he committed suicide by consuming poisoning substance by leaving a suicidal note in which above said facts were mentioned.

(3.) ON the death of Vivek Gautam, a Merg was registered and in continuation of it an offence under Section 306 of Indian Penal Code against the present applicant and Chintu. Charge-sheet was submitted after holding the investigation and same was committed to the Sessions Court where the direction for framing the charges under Section 306 of IPC against applicant and other accused was given.