DEVANAND CHANDWANI S/O LATE ARJUNDAS CHANDWANI Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER

JUDGEMENT

(1.) The instant revision has been preferred against the order dated 28.6.2016 passed by the 5th Additional Sessions Judge, Durg in Sessions Trial No.5 of 2016, whereby charges under Sections 306 and 201/34 of the Indian Penal Code have been framed against the Applicants.

(2.) Applicant No.1 is husband of deceased Padmini Chandwani. Applicants No.2 and 4 are elder brother and sister-in-law of Applicant No.1 and Applicant No.3 is mother-in-law of the deceased. Marriage between Applicant No.1 and the deceased was solemnised on 6.12.2013. In the intervening night of 14th and 15th of July, 2014 at about 3:35 a.m., deceased Padmini committed suicide by consuming some poisonous substance. On the basis of a memorandum received from the hospital, morgue was recorded.

(3.) Learned Counsel appearing for the Applicants submitted that in the entire charge-sheet there is no material available to frame the charges against the Applicants for the alleged offence punishable under Sections 306 and 201/34 of the Indian Penal Code and as such the Additional Sessions Judge has committed manifest illegality in framing the charges against the Applicants. Even if the whole version of the prosecution is taken as it is, no offence is made out against the Applicants. The very basis and necessary ingredients of the provisions of Sections 306 and 201/34 of the Indian Penal Code are missing in the entire charge-sheet. As per the prosecution story, the deceased committed suicide due to excess sexual act by her husband/Applicant No.1 with her and there was an illicit relationship of Applicant No.1 with Applicant No.4. Even if it is considered for the sake of argument, only on the basis of this no offence under Sections 306 and 201/34 of the Indian Penal Code is made out against the Applicants. There is no proximity and nexus between the conduct and behaviour of the Applicants with that of the suicide committed by the deceased.