POOJA CHOPRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicants have preferred this criminal revision under Sec. 397 rw 401 of the Criminal Procedure Code, 1973 (for short 'CrPC') feeling aggrieved by the order dtd. 13/10/2023 passed in S.T. No.192023 by which learned Additional Sessions Judge, Dongergarh, District Rajnandgaon (CG) has framed charge under Sec. 306 of the Indian Penal Code, 1860 against applicant No.1 and under Sec. 30634 against applicant No.2 & 3.

(2.) Facts leading to filing of present criminal revision are that on 28/1/2023 Police received an intimation regarding unnatural death of deceased Abhishek Naredi, based on which police registered Merg No.32023 under Sec. 174 of CrPC and started inquiry. In the course of inquiry, a suicide note left behind by deceased was seized, in which allegations were made against present applicants. As per contents of suicidal note, deceased and applicant No.1 were in love for about 5 to 7 years, suddenly applicant No.1 broke relation with deceased, refused to marry with him, developed love affair with some other boy and going to marry with him. It is further mentioned that applicant No.2 & 3 herein are threatening him for life and for the aforementioned reasons, he is committing suicide by hanging himself.

(3.) On the basis of aforesaid suicidal note, Police registered offence under Sec. 306/34 of IPC against applicants. Body of deceased was sent for post-mortem examination and as per post-mortem report, cause of death was due to asphyxia and death was ante-mortem suicidal in nature. During investigation, said suicidal note was sent to the handwriting expert. After completion of investigation, charge sheet against applicants under Sec. 306/34 of IPC is filed before the competent Court. The Court below, by impugned order dtd. 13/10/2023, came to conclusion that prima facie charges under Sec. 306 & 306/34 of IPC is made out against applicants and accordingly framed charge against them. Feeling aggrieved by which, the applicants have preferred this revision.