IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA CRIMINAL REVISION NO.2544 of 2021 Between:-

NITIN SHARMA, SON OF RAJARAM SHARMA, AGED-30 YEARS, OCCUPATION- PRIVATE JOB, RESIDENT OF A-15, ANAND NAGAR, BAHODAPUR, LASHKAR, GWALIOR (MP)

…. applicant (SHRI NITESH SHARMA- ADVOCATE FOR THE PETITIONER)

AND (1) STATE OF MADHYA PRADESH, THROUGH POLICE STATION BAHODAPUR, DISTRICT GWALIOR (MP)

(2) MOHAR SINGH, SON OF NAWAB SINGH KIRAR, AGED 50 YEARS, OCCUPATION:- AGRICULTURE, RESIDENT OF VILLAGE MANPURA, POLICE STATION BAGCHIN, DISTRICT MORENA (MP)

…...RESPONDENTS ( MS. ABHA MISHRA- PUBLIC PROSECUTOR FOR RESPONDENT NO.1/STATE AND NONE FOR THE RESPONDENT NO.2/ COMPLAINANT )

Reserved on : 05-07-2022 Passed on : 9^th July, 2022 ----------------------------------------------------------------------------

The present petition coming on for final hearing, Hon'ble Shri Justice Rajeev Kumar Shrivastava, passed the following:-

Present criminal revision u/S 397/401 of CrPC has been filed by applicant against lodgment of FIR as well as order of framing charges dated 09-08-2021 passed by 15^th Additional Sessions Judge, Gwalior in Sessions Trial No.129 of 2020 in connection with Crime No.13 of 2019 registered at Police Station Bahodapur, District Gwalior for offence u/S. 306/34 of IPC and other subsequent criminal proceedings initiated thereof.

(2) In brief, the facts of the case are that the son of respondent No.2 namely, Ramu Kirar died by means of strangulation on the basis of which a merg no.01/2019 under Section 175 of CrPC was recorded and merg enquiry was conducted and statements of father of deceased, uncle and witness Murarilal were recorded and during merg enquiry, it was found that deceased committed suicide by means of strangulation because of harassment made by the applicant along with other co- accused on the issue of defeating in the gambling played by deceased. Therefore, Bahodapur Police Station lodged an FIR at Crime No.13 of 2019 for offence under Section 306/34 of IPC and matter was instigated. After completion of investigation and other formalities, police filed a charge sheet before Court of JMFC, Gwalior. Thereafter, applicant filed an application under Section 227 of CrPC for discharge from charges framed against him and said application was dismissed by Court of JMFC, Gwalior vide order dated 09-08-2021. Being aggrieved, the present revision has been filed.

(3) It is contended by learned counsel for the applicant that the suicide note seized by police does not disclose the signature of deceased and even the names of the applicant along with other co-accused have not been mentioned in suicide note. It is also contended that a report regarding handwriting of deceased was sought from Head Office, Bhopal but the report received from the Head Office is not found proved. The police statements of Motilal Kirar and Mohar Singh are not duly supported. It is further contended that applicant has been falsely implicated and he has not committed any offence in regard to abetment the deceased to commit suicide as per the merg recorded under Section 173 of CrPC. It is further contended that there is a variation of signature of the deceased in comparison with the post office and bank account and the authorities did not produce any evidence regarding the signature of deceased. From the contents of FIR, it appears that neither any case is made out against the applicant for commission of offence under Section 306/34 of IPC nor any ''marpeet'' or harassment was made by applicant with deceased. In support of contentions, counsel for the applicant has relied upon the judgment of the Hon'ble Supreme Court in the matter of Velladurai vs. State represented by the Inspector of Police, decided on 14/09/2021 in CRA No.953 of 2021 and the judgments of this Court in the case of Kalyan Singh vs. State of MP, (2018) 4 MPLC 221, Roopchand vs. State of MP, (2017) 1 MPLC 72, Sharukh Khan vs. State of MP, (2020) 2 MPLC