Bhawati Choudhary vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(MP) 562

M.K.MUDGAL
Bhawati Choudhary – Appellant
Versus
State of M. P. – Respondent

Advocates Appeared:
For the Petitioner: Siddharth Datt, Learned Counsel.
For the Respondents: Pradeep Gupta, Learned Panel Lawyer.

JUDGMENT :

M.K. Mudgal, J.

1. The applicant/accused has filed this Criminal Revision under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the order dated 11.03.2015 passed by the Court of Sessions Judge, Panna in S.T. No. 16/2015 framing the charge under Section 306 of the I.P.C.

2. Case diary is not available, but the copy of the 2. charge-sheet has been filed by the applicant/accused in this case.

3. Learned counsel for the applicant/accused submits 3. that learned trial Court has committed error in framing the charge against the applicant/accused under Section 306 of the I.P.C. because as per prosecution story when the deceased Rajabai went to a public tubewell, at 8:00-9:00 am on 31.12.2014, for taking water, the applicant/accused came there and dispute arose between them. At that time, the deceased threatened the applicant/accused that she would commit suicide because she had been insulted by her. On the same day at 1:30 pm she committed suicide by hanging herself. Counsel further pleads that the applicant/accused did not abet the deceased in any manner for committing suicide. In this case, there is lack of evidence under Section 107 of the