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2008 Supreme(MP) 288

B.M.GUPTA
Ramchandra s/o Jagannath Singh Kushvaha – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rajiv Sharma
For Respondents/Defendant: R.D. Agrawal, Panel Lawyer

ORDER

B.M. Gupta, J.

1. Petitioner by Shri Rajiv Sharma, Advocate. Respondent/State by Shri R.D. Agrawal, P. L. Heard finally at motion stage.

2. This revision is for impugning the order dated 18th July, 2007 passed by the 1st Additional Sessions Judge, Bhind in S.T. No. 107/07, whereby the learned Judge has framed charge against the petitioner along with other co-accused person for the offence punishable under section 306/34 of Indian Penal Code.

3. On perusal of the FIR registered at Crime No. 376/06 at police Station, City Kotwali, Dist. Bhind, it appears that deceased Nirmalchand Jain obtained a loan of Rs. 1,50,000/- from co-accused Badri Prasad through the petitioner. Out of this loan, despite payment of rupees six lacs, the principal amount was remained unpaid. The petitioner and co-accused Badriprasad were harassing the deceased on demand of loan. On account of that, he committed suicide by hanging.

4. Shri Sharma, the learned counsel for the petitioner, has drawn attention at post-mortem report and the statement of Vinod Kumar, by which it appears that the deceased committed suicide by hanging. He has further drawn attention at the statement of Rajkumar Jain, Pawan Kumar, Basan











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