SHEIKH SAFI RAMJAN JAYASI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision is directed against the order dated 30-01-2009 passed by the Additional Sessions Judge, Sakti, District Janjgir- Champa whereby charge under Section 306 read with Section 34 of I.P.C. was framed against the petitioner.

(2.) Brief facts are that one Om Prakash Chandra, who was the president of Janbhagidari and Shale Vikas Samiti, Katod committed suicide on 25-06- 2007 at about 11 P.M. by consuming poison. Postmortem report dated 26-06-2007 confirmed cause of death to be asphyxia due to insecticidal poisoning. FIR. was lodged by Gita Bai Chandra, wife of the deceased on 26-06- 2007 at 06.45 P.M. at P. S. Dabhra stating that at about 8 P.M., Om Prakash Chandra returned home staggering and within 10 minutes his condition deteriorated and while being shifted to the hospital at Kharsia, he died. Statement of witnesses recorded under Section 161 Cr.P.C revealed that one Mukesh Mahant, who is shown in the challan as absconding after the date of occurrence, had undertaken the construction work of primary school building in Katod. As President of the committee, Om Prakash Chandra while supervising the said construction work had made purchases worth Rs.63,000/-. Despite his request, Mukesh Mahant was not taking any steps for payment of the said amount on the ground that Om Prakash Chandra had made a complaint against him, and stated that he would abide only by the orders given by the superior officers. Frustrated, Om Prakash Chandra went to the petitioner, who was the Chief Executive Officer at Dabhra on 25-06-2007 with one Churamani and made an application requesting for payment of Rs.63,000/-. Statement of Churamani recorded under Section 161 Cr.P.C. divulges that the petitioner said to the deceased that* you burn your house of your own and ask me for water, why should I give? Did you ask me before undertaking the work or before making the purchases? Did you seek instructions from the government?" The petitioner thereupon got annoyed, refused to accept the application and asked Om Prakash Chandra to go away. Om Prakash Chandra and Churamani went from there to Raju Hotel for eating snacks. Thereafter, Churamani left for his office and Om Prakash Chandra left for his house. At about 11 P.M., Mehattar Ram Chandra informed Churamani that Om Prakash Chandra had become serious upon consuming poison. Om Prakash Chandra died while being shifted to the hospital.

(3.) Smt Fouzia Mirza, learned counsel for the petitioner urged that if the entire prosecution story is accepted at its face value, it does not disclose any ground for framing charge against the petitioner even prima facie under Section 306 of I.P.C. Reliance was placed on Sanju alias Sanjay Singh Sengar Vs. State of M. P., 2002 Supreme Court Cases (Cri) 1141 and Swamy Prahaladdas Vs. State of H. P. and another, 1995 Supplementary (3) Supreme Court Cases 438. In those cases, despite the fact that the appellant was alleged to have remarked the deceased "to go and die", it was held that suicide was not proximate to the quarrel that had ensued with the appellant as the words uttered by the appellant were not enough to instigate the deceased to commit suicide. Reliance was also placed on a decision rendered by this Court in Criminal Revision No.295/2006 Nandu Ram Bandhe and others Vs. State of Chhattisgarh on 10- 05-2006 in which due to the frustration that his parents-in-law were not sending his wife to the matrimonial home, Om Prakash, the husband had committed suicide by consuming poison. The applicants were discharged as there was no material on record to show the existence of a case even prima facie under Section 306 of I.P.C.