MADAN MOHAN SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The accused who faces prosecution for offences under Section 306 and 294(b) of the Indian Penal Code (IPC) comes up before us being aggrieved by the High Court judgment by which his petition under Section 482 Cr.P.C. was dismissed. In that petition the accused/appellant had challenged the First Information Report (FIR) registered as C.R. No. 166 of 2008 at Naranpura Police Station.

(2.) The said FIR is a long document which has been filed by one Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent from the said report that she was married to Deepakbhai Krishnalal Joshi serving in Ahmedabad Bharat Sanchar Nigam Ltd. as a driver in the Microwave Project Department. He had undergone a heart bypass surgery in the year 2002 and he was asked by the doctor to avoid lifting heavy weights. She further stated that the appellant, Madan Mohan Singh was working as a D.E.T. and her husband who was driving a Tata Sumo car was working under Madan Mohan Singh (accused herein). She then complained that Madan Mohan Singh used to tell his private errands to her husband and was harassing him. Though Madan Mohan Singh was transferred, yet he kept on continuously using her husband. In the year 2007, Madam Mohan Singh came back on transfer in the Microwave Project as D.E.T. It is alleged that on the day when Madan Mohan Singh joined, he told her husband to keep the keys of the vehicle on the table. However, according to her, her husband did not listen to that and took back the key on account of which Madan Mohan Singh had become angry and had threatened her husband of suspending him. He also rebuked her husband that if he did not listen to him, he would create difficulties for her husband. Madan Mohan Singh said to her husband as how he is still alive inspite of the insults. It is then contended that on 21.2.2008, her husband left at 10O Clock as per rules with tiffin but did not return back in the evening and, therefore, his search was taken by his son Jatin from his colleagues like Raji Saheb and his absence was reported to the police on 22.2.2008 and 23.2.2008. Ultimately, she came to know that her husbands body was lying in the dead condition in the vehicle No. GJ 1 G 3472 at Kiran Park opposite Gayatri Hospital, New Vadaj. She also suggested further that a telephone call had come from Gujarat High Court informing her that there was a Xerox copy of the suicide note. Lastly, it is stated that during the period between 2003 to 21.2.2008 the Head of the department D.E.T. Project was entrusting his house work to her husband but her husband had not done the work entrusted to him and, therefore, he had bias against her husband and insulted him in front of the staff several times and because of this her husband got depressed and committed suicide.

(3.) This First Information Report was filed and registered on 17.3.2008 i.e. after the 24 days of the death of her husband. It is this report which is challenged suggesting that even if the whole report is accepted as it is, it did not disclose any offence much less the offences under Sections 306 and 294, IPC. Since, the Gujarat High Court did not agree and dismissed the petition; the appellant is before us now.