RICKY KATARIA Vs. STATE GOVT OF NCT

JUDGEMENT

(1.) In the above captioned four petitions, the challenge is to the impugned order of 5th June, 2017 vide which petitioners have been put on trial for the offence under Section 304B/34 IPC and in the alternative, under Section 302/34 IPC and also for the offence under Section 306/34 IPC and 498A/34 IPC. Petitioners are the husband, father-in-law, sister- in-law (nanad) and distant cousin of husband of deceased.

(2.) With the consent of counsel representing both the sides, these petitions have been heard together and are being disposed of by this common order.

(3.) Learned senior counsel for petitioners assails the impugned order while submitting that there is no material on record which justifies putting petitioners on trial for the offence under Section 302/34 IPC. Attention of this Court is drawn to impugned order, wherein it is noted that the post-mortem report of deceased showed lividity and as per the medical history, this normally happens when the dead body is lying in sleeping posture and so, according to trial court, a prima facie case of murder is also made out. Attention of this Court is also drawn to Suicide Note (Annexure P-4) to point out that it is a case of suicide and there is no basis to frame charge of murder. To submit so, reliance is placed upon Supreme Court's decision in Richhpal Singh Meena Vs. Ghasi alias Ghisa and Ors. (2014) 8 SCC 918. It is pointed out that on perusal of post mortem report, it becomes clear that lividity is a post mortem symptom and the cause of death, as given in the post mortem report, is asphyxia due to ante-mortem hanging and this was affirmed by subsequent opinion from All India Institute of Medical Sciences (AIIMS), New Delhi, wherein it is clearly recorded that the cause of death in this case was asphyxia due to ante-mortem hanging.