GURPAL SINGH AHLUWALIA
Ashok Ahirwar – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
Gurpal Singh Ahluwalia, J.
1. This Criminal Revision under Sections 397, 401 of Cr.P.C. has been filed against the order dated 9/2/2021 passed by First Additional Sessions Judge, Ganjbasoda, District Vidisha in ST No. 77/2020, by which the charge under Section 306 of IPC has been framed.
2. The facts of the case in short are that the charge-sheet for offence under Section 306 of IPC has been filed against the applicant on the allegations that the applicant was pressurizing the prosecutrix to enter into physical relationship and was also extending a threat that he would disclose the illicit relationship of the prosecutrix with him. When the husband of the deceased came to know about the said fact, then the prosecutrix committed suicide by consuming poisonous substance.
3. It is submitted by the counsel for the applicant that although the police has filed the copy of CDR to show the mobile conversations between the deceased and the applicant, but there is nothing on record to show that the mobile no. 7724041619 belongs to the applicant.
4. Per contra, it is submitted by the counsel for the State that the statement of the husband of the prosecutrix has been recorded, in which he
Ajay Kumar Parmar vs. State of Rajasthan reported in AIR 2013 SC 633
State of Bihar vs. Ramesh Singh reported in AIR 1977 SC 2018
Union of India vs. Prafulla Kumar Samal reported in AIR 1979 SC 366 : (1979) 3 SCC 4
Shoraj Singh Ahlawat and others Vs. State of U.P. and another reported in AIR 2013 SC 52
Onkar Nath Mishra and Ors. v. State (NCT of Delhi) and Anr. (2008) 2 SCC 561
State of Orissa v. Debendra Nath Pandhi
Smt. Rumi Dhar v. State of West Bengal & Anr.
Chitresh Kumar Chopra vs. State (Govt. of NCT of Delhi) reported in (2009) 16 SCC 605
Praveen Pradhan vs. State of Uttaranchal reported in (2012) 9 SCC 734
State of Punjab v. Iqbal Singh (1991) 3 SCC 1)
Surender v. State of Haryana (2006) 12 SCC 375
Kishori Lal v. State of M.P. (2007) 10 SCC 797
Sonti Rama Krishna v. Sonti Shanti Sree (2009) 1 SCC 554
Sanju @ Sanjay Singh Sengar vs. State of M.P. reported in (2002) 5 SCC 371
Gangula Mohan Reddy vs. State of A.P. reported in (2010) I SCC 750
State of W.B. vs. Orilal Jaiswal
M. Mohan vs. State represented by the Deputy Superintendent of Police reported in AIR 2011 SC 1238
Kishori Lal vs. State of M.P. reported in (2007) 10 SCC 797
Amalendu Pal @ Jhantu vs. State of West Bengal reported in (2010) 1 SCC 707
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