Honble VERMA, J. — Manish Kumar Sharma, who is facing trial under section 306, I.P.C, in the Court of learned Additional Sessions Judge, No.l, Jaipur City, Jaipur, has filed this revision petition against the order of the learned trial Court dated 13.10.1993, where by a charge under Section 306, I.P.C., has been framed against the accused-petitioner..

(2). Briefly stated, the case of the prosecution is that deceased, Smt.Kusum Devi,aged about 32 years, was resident of Gangaur-ka-rasta in the city of Jaipur. She was married to first-informant, Ram Kishore, some 20 years back. Smt. Kusum Devi had a daughter Seema and two sons-Rakesh and Anil. Ram Kishore had two brothers and out of them Ram Charan and his wife-Santosh were residing with Ram Kishore. Thus, it was a large family. Ram Kishore was serving as a Class-IV employee in the Tourism Department. His son Rakesh was studying in Vlth class, while the other son Anil Sharma was employed in Rajasthan Shilp Gram Udhyog.

(3). It appears that the family was afflicted by one of the greatest sins in the society, namely poverty. There were only two bread earners in the family, namely Ram Kishore (the husband of the deceased) and Anil (Son).

(4). Seema was of marriagable age and had been married away in December, 1992. This must have added to the financial burden of the family.

(5). Accused - petitioner Manish Kumar @ Mukesh was residing in the neighbourhood of the family. He is said to be a young boy of 24 years of age. It appears that the petitioner was a frequent visitor to the house of Ram Kishore Particularly, he would visit-the house of Ram Kishore in absence of Ram Kishore and Anil. He took Smt.Kusum Devi out to Ram Niwas Garden and certain hotels and it appears that Kusum Devi and the accused-petitioner were on terms of great familiarity. Kusum Devi had even borrowed a sum of Rs.200/- from the accused-petitioner.

(6). It appears that Ram Kishore and Anil Sharma did not like the visits of the petitioner to their house. There is also an allegation that the petitioner had committed a theft in respect of pazebbelonging to Seema.

(7). It is also in evidence that there were frequent quarrels between the petitioner and Kusum Devi and Kusum Devi started living a life full of tension. Persistent demands made by accused - petitioner in respect of money lent by him accentuated the tension of Smt.Kusum Devi.

(8). The case of the prosecution is that Smt. Kusum Devi, before her alleged suicide, purchased tablets of Salphos, which are used for preserving foodgrains.

(9). The prosecution story further is that on the evening of 22.5.1993 Kusum Devi and Anil were taking their meals on the roof of the house when the accused-petitioner came to the roof of the house. This house was adjoining to the house of Smt. Kusum Devi. He demanded back his money and uttered the following words: —

^^ jaMh rwa ejrh D;ksa ugha gSA esjs lkFk py ugha rks rq>s tku ls ekj nw¡xkA**

The prosecution story is that Smt. Kusum Devi immediately went down stairs and consumed some tablets of salphos. Soon afterwards she started vomiting. She was taken to S.M.S. Hospital, Jaipur, by her husband Ram Kishore. She was given some first aid and she suffered further vomits. She was eventually shifted to 3 DE Ward of the S.M.S. Hospital where she breathed her last. A post mortem examination of Smt. Kusum Devi was conducted on 23.5.1993 at 11.35 am. The Doctor conducting the autopsy could not ascertain the cause of death and preserved and sealed the visara of the deceased for chemical examination.

(10). The prosecution story further is that a report of this incident was lodged by Ram Kishore on 27.5.1993 whereupon a case was registered against the accused - petitioner for offence under Section 306, I.P.C. Due investigation was made and eventually the accused - petitioner was challaned before the Magistrate having jurisdiction, who committed him to the Court of Sessions at Jaipur for standing trial. The learned Sessions Judge, Jaipur City, Jaipur,

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