JUDGMENT

Uma Nath Singh, J. — This criminal revision arises out of an order dated 10.9.2003 passed by learned Additional Sessions Judge, Manasa, in Sessions Trial No. 97/2002, whereby the learned Judge has rejected the contentions of the applicant and framed a charge under Section 306 of the IPC.

2. It appears from the record that deceased Durga Banjara had purchased a tractor on bank loan. One-fourth of the loan amount being Rs. 90,000/- was paid to the Bank, after taking loan from the accused applicant Jugal Kishore. As the deceased was not in position to pay back the loan on due date, the accused appli-cant took away his tractor. However, subsequently the same was returned to the deceased after he made a part pay-ment of Rs. 30,000/-. A demand for pay-ment of outstanding loan amount of Rs. 60,000/- was made by the accused appli-cant. He visited the residence of the deceased in that connection who assured to make payment by selling out gold orna-ments. The accused advised the deceased to hand over him the said ornaments

and meet him in his village to settle

the accounts. It also appears that the deceased accordingly went to village of the accused on the same day, but he was tol