STATE Vs. RAMESH SHARMA & ORS.

JUDGEMENT

(1.) This is a leave to appeal filed by the State against the judgment dated 21.11.2006 passed by Shri Rajneesh Kumar Gupta, the learned Additional Sessions Judge, Delhi, acquitting three respondents, namely, Ramesh Chand, Shambhu Nath and Chhotey Lal. It may be pertinent to mention here that so far as Ramesh Chand and Shambhu Nath are concerned, they are stated to have died during the pendency of the appeal and this fact was recorded by my learned Predecessor in the order dated 22.2.2011 and thus the present appeal is surviving only against the remaining respondent No. 3, Chhotey Lal. Briefly stated, the case of the Prosecution is that, on 21.4.1998, the State had received information that a family of 4-5 persons had committed suicide at House No. 1/213, Ghat No. 6, Yamuna Bazar, Delhi. A Police party was sent to the said house and five dead bodies were found. These were of one Smt. Mithilesh, who was found hanging from the ceiling fan. Apart from this, four children, Shikha and Nidhi were lying on the bed and Umesh and Parul were lying on the floor. On the wall it was found scribed by a sketch pen "Ramesh Hatyara Hai. Shambhu Van Chhotey Lal Hatyare Hain. In Sabhi Nein Hamain Atam Hatya Karne Ko Majboor Kiya Hai" and during the course of Search of the house, one register containing a suicide note written by the deceased Mithilesh was also found, which was seized.

(2.) After investigation, a Chargesheet under Section 306/ 34 IPC was filed against the three respondents, two of whom are dead.

(3.) The Prosecution, in support of its case, examined 24 witnesses. After recording the statement of the accused persons under Section 313, two defence witnesses were also examined. The learned Trial Court, after hearing the arguments and analyzing the evidence, acquitted all the three accused persons of the charge of abetment of suicide holding that there was absence of mens rea to constitute the offence of abetment of suicide and moreover, it was not established that there was any incitement, goading etc. on the part of any of the accused persons with the intention to compel the deceased persons to commit suicide. Accordingly, all the three accused persons were acquitted.