VINOD KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant revision has been preferred under Section 397 read with Section 401 of the Code of Criminal Procedure against the order dated 14.7.2005 passed by the 1 st Additional Sessions Judge, Mahasamund in Sessions Trial No.403 of 2004, whereby a charge under Section 306 of the Indian Penal Code has been framed against the Applicant.

(2.) The allegations against the Applicant are that in the intervening night of 10th and 11th of June, 2003 his employee Santosh Tiwari (deceased) committed suicide by consuming poisonous substance, namely, sulfas. Merg was lodged by Dipak Tiwari (landlord of the deceased) on the basis of which police started inquiry. Statements of Urvashibai (wife of the deceased), Vikrant (son of the deceased), Gangadhar (a neighbour of the deceased) and Dipak Tiwari (landlord of the deceased) were recorded which show that the deceased was a habitual liquor drinker. He was employed as a clerk in Bhagwati Rice Mill owned by the Applicant. The deceased had been making complaints that his employer, i.e., the Applicant was deducting amounts from his salary. It has been further alleged that the deceased committed suicide as he was harassed by the employer/Applicant. During inquiry, a suicide note allegedly written by the deceased has also been seized by the police. The police has registered First Information Report and after completion of the investigation, has filed a charge-sheet against the Applicant for the offence punishable under Section 306 IPC. Vide the impugned order dated 14.7.2005, a charge under Section 306 IPC has been framed against the Applicant. Hence, this revision.

(3.) Learned Counsel appearing for the Applicant submits that in the entire charge-sheet there is no material available to frame charge against the Applicant for the alleged offence punishable under Section 306 IPC and as such the Learned Additional Sessions Judge has committed manifest illegality in framing the charge against the Applicant. There is no proximity and nexus between the conduct and behaviour of the Applicant with that of the suicide committed by the deceased.