J.P. Gupta, J. - (1.)The petitioner herein/accused has filed this criminal revision under sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, the Code) challenging the legality and validity of the impugned order dated 3.11.2015 passed by 1st Additional Sessions Judge, Guna District Guna in Sessions Trial No. 160/ 2015 whereby charge under sections 306 and 354 Penal Code has been framed against him.
(2.)The factual matrix attending the present case reveals that on 8.10.2014 near about 5.00 p.m. the deceased set ablaze herself and taken to the hospital where her dying declaration was recorded by treating Doctor where she did not level any allegation on anybody about the incident, thereafter on 23.10.2014, she, scummed on account of injury sustained to her. During the Merg intimation near about after five months of the incident, deceased mother Kesar Bai and Brother Dharmendra disclosed that when they met to the deceased in the hospital, during the treatment deceased disclosed that applicant being elder brother of her husband had evil eye on her and time to time try to harass her and refused to return borrowing money of Rs.20,000.00, therefore, she was annoyed and under stress and tried to commit suicide by pouring kerosene on her body and lit fire. Therefore, on 13.5.2015, Crime No.104/2015 offences under sections 306 and 354 of Penal Code was registered against the applicant/accused. During the investigation, other relatives of the deceased Kishan, Kamla Bai and Pappu also claimed to disclose the aforesaid fact to them by the deceased during the treatment in the hospital. After completing the investigation, charge sheet was filed against the petitioner herein/accused before the Judicial Magistrate, First Class, which on its turn committed the case to the Court of Sessions from where it was received for the trial.
(3.)The learned trial Judge on the basis of the material placed on record framed charge punishable under sections 306 and 354 of Penal Code against the petitioners. The petitioner denied the charge and claimed to be tried.