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2019 Supreme(SC) 403

D.Y.CHANDRACHUD, HEMANT GUPTA
State of Madhya Pradesh – Appellant
Versus
Deepak – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Vaibhav Srivastava, Adv. Mr. Praduman K., Adv. Mr. H. Parashar, Adv. Mr. Rahul Kaushik, AOR
For Respondent(s): Mr. Shivam Sharma, Adv. Ms. Meghna Mittal, Adv. Mr. R.K. Yadav, Adv. Mr. Raj Kishor Choudhary, AOR

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. Leave granted.

2. The present appeal arises from a judgment dated 31 January, 2018 of a learned Single Judge of the Indore Bench of the High Court of Madhya Pradesh [In Criminal Revision No. 458 of 2018] discharging the Respondent from charges framed by the Special Judge, Neemuch. The Special Judge, Neemuch had by an order dated 13.10.17 in Special Case No. 51 of 2017 framed charges against the respondent under Section 306 of the Indian Penal Code, 1860 [“Penal Code”] and Section 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. In pursuance of the notice issued by this Court on 19 November, 2018, the respondent has entered appearance through learned counsel. We have heard the Deputy Advocate General for the State of Madhya Pradesh and learned counsel for the respondent.

4. On 9 August 2017, Jyoti Sharma committed suicide by consuming poison at her residence at Neemuch. Immediately after she consumed poison, she was moved to the District hospital for treatment. The dying declaration of the victim was recorded on 9 August 2017 in the presence of the Naib Tehsildar, Neemuch. The relevant part of th















































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