- (1.)THIS revision has been filed by the applicants aggrieved of the order dated 28-7-2004 passed by V ASJ, Ujjain in Sessions Trial No. 158/2004 whereby the learned Judge has framed charge under Sections 306/34 of IPC against the applicants.
(2.)THE police of Police Station, Neelganga, District Ujjain has filed a charge-sheet against the applicants under Section 306/34 of IPC. According to the prosecution case, deceased Dayaram alongwith five other persons had raised loan for about rupees two lakhs from the District Antvyavasayik Sahakari Vikas Samiti Maryadit, Ujjain and bought a Commander Jeep. After paying some instalments, deceased Dayaram sold the said Jeep before 10-11 months prior to the incident to applicants Ayyub @ Bhaiyu and Salim. Both the applicants paid him Rs. 35,000/and assured him of paying the rest of the instalments of the vehicle to the Bank. It is also alleged that the sale deed to this effect was also executed and the papers were lying somewhere in the house. The applicants did not pay the balance loan amount to the Society and have also hidden the vehicle because of which deceased was disturbed. The deceased asked the applicants to pay the dues of the Society but the applicants abused him and told him that they would not pay the dues and also were not having Jeep with them. It is further alleged that one day prior to the incident, deceased asked the applicants to pay the dues and if they would not pay the dues, he will have to die. On this assertion of the deceased, the applicants have told him to die and in that event they would not require to pay the balance instalments. The applicants also demanded the sale documents of the vehicle and on his refusal they threatened him. On the next day, in the morning, suddenly Dayaram's health deteriorated. He was taken to hospital where he died because of consuming of some poisonous substance. The police has seized the death note said to have been written by the deceased in which he has mentioned that the Society has raised recovery of loan amount of Rs. 2,44,713/- because of which he is committing suicide. His friends and relations should not be harassed and he sold the said Jeep to Ayyub @ Bhaiyu, resident of 'lohe Ka Pul' who had committee fraud with him.
(3.)THE learned Counsel for applicants put forth that even if the complete prosecution case is accepted as it is, no case is made out for framing the charge against the applicants. The learned Trial Court, without considering the true prospect of law of framing of charge, mechanically framed the same for the offence under Sections 306/34 of IPC against the applicants. The learned Counsel has placed reliance on a Supreme Court judgment passed in Sanju @ Sanjay Singh Sengar v. State of M. P. [2002 SCC (Cri) 1141] and judgment passed by Single Judge of M. P. High Court in Laxmi Prasad Vishwakarma v. State of M. P. (2003 MPWN Vol. I 34 ).