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2007 Supreme(MP) 1097

RAKESH SAKSENA
Sita @ Sita Pratap Vaishy – Appellant
Versus
State of M. P. – Respondent


Advocates:
Y.P. Sharma for applicant; J.K. Jain, Government Advocate for State.

ORDER

1. The applicant has filed this revision against the order dated 22.5.2007 passed by the Sessions Judge, Sidhi, in Sessions Trial No. 186/2006, framing charge against him for the offence under section 306 of the Indian Penal Code.

2. Learned counsel for the applicant submits that, prima facie, on the facts and circumstances of the case, no offence under section 306 of the Indian Penal Code is made out. From the facts of the case, it is not revealed that the applicant in any manner abetted the deceased to commit suicide Since necessary ingredients of abetment are not present in the case, learned, trial Court has committed error in framing charge against the applicant under section 306 of the Indian Penal Code.

3. In short, the prosecution's case is that, between 22.6.2006 and 23.6.2006, Lolar @ Siphailal committed suicide by hanging on Babool tree. A "Merg" report was lodged on 23.6.2006 at 9:00 a.m. by Bholanath (father of deceased). According to him, his son Siphailal had gone from the house at about 4:00 p.m. on 22.6.2006 saying that he was going to Village Ghadsada. He did not come back in the night. In the morning, at about 5:00 a.m. when he was going to answer call of natur



















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