MADHYA PRADESH HIGH COURT
C. V. SIRPURKAR, J
Shiv Narayan @ Pappu – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. facts of loan recovery and death. (Para 1 , 2) |
| 2. claims of harassment and defense. (Para 3 , 4) |
| 3. legal standards for abetment. (Para 5 , 6 , 9 , 10 , 12) |
| 4. judicial precedent on instigation. (Para 8 , 11 , 15) |
| 5. final ruling on charges. (Para 17 , 18) |
1. This criminal revision filed on behalf of the petitioner Shiv Narayan @ Pappu is directed against order dated 25.07.2016 passed by the Court of Sessions Judge, Raisen in S.T.No.1900408/2016, whereby a charge for the offence punishable under S.306 read with S.34 of the IPC was framed against petitioner Shiv Narayan and co - accused Anoop Dubey.
2. The case of the prosecution before the trial Court may briefly be stated thus: The deceased Harish Chouhan had borrowed some amount from petitioner / accused Shiv Narayan @ Pappu Malviya. He had returned sufficient amount, yet the petitioner Shiv Narayan and co - accused added usurious rates of interest to the principal amount and used to threaten him for returning the same. At about 8:00 p.m. on 01.04.2016, petitioner Shiv Narayan visited the residence of the deceased and threatened that he would anyhow recover his money. If the deceased did not return it, he will see hi
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