SUJEET LOWANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Section 397 read with section 401 of Cr.P.C., 1973 has been preferred challenging the order dated 09/11/2017 passed by the Sessions Judge, Hoshangabad, in S.T. No.140/2017, wherein charge has been framed against the petitioner for offence under Section 306 of IPC.

(2.) Filtering the unnecessary details, the prosecution story in brief is that, Sonali Rajput aged about 17 years, committed suicide on 25/08/2017 by consuming poison. She was declared dead at hospital, Hoshangabad during treatment. Merg No.68/17 was registered at Police Station, Shivpur. Subsequently, inquest was made and Merg No.30/17 was registered. During the inquest, it was found that the deceased had relationship with the petitioner/Sujeet Lowanshi. Because of the harassment caused by the petitioner/Sujeet Lowanshi, Sonali committed suicide. Crime No.147/2017 has been registered under Section 306 of IPC. Charge-sheet has been filed. Learned Session Judge framed charge under Section 306 of IPC against the petitioner by the order impugned.

(3.) On behalf of the petitioner, the order is assailed on the ground that the order is bad in the eyes of law, as well as on facts. It is stated that the offence under Section 306 of IPC is not made out for the elements of Section 107 of IPC is completely missing. There is no allegation of abetment to commit suicide. The petitioner is falsely implicated.