JAGMOHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Rakesh Thapliyal, holding brief of Mr. Lalit Sharma, learned Counsel for the Petitioner, Mr. S.S. Adhikari, learned A.G.A. for Respondent Nos. 1 and 2 and Mr. Sandeep Kothari, learned Counsel for Respondent No. 3.

(2.) PRESENT application is filed challenging the First Information Report (F.I.R.) in case Crime No. 97 of 2009 under Section 306 IPC, Police Station: Basant Vihar, District: Dehradun. In the F.I.R. it has been contended that marriage of Kr. Sweta was to be held on 20.08.2009 with the Applicant/accused. However, accused started demanding Apache motor cycle. It is further contended in the F.I.R. that on 13.09.2009 Applicant/accused sent SMS on the phone of the deceased Kr. Sweta saying "I do not want your company. You may decide to go away from me right now or after marriage". SMS further contended "You are blessed with boyfriends. Please, spare my life". It is further contended in the FIR that Kr. Sweta received this SMS on 13.09.2009. Kr. Sweta, who was very sensitive, consumed the poison after reading the S.M.S. Thereafter she was referred to CMI Hospital, Dehradun and where she died on 14.09.2009.

(3.) MR . Kothari, appearing for the complainant and Mr. Adhikari, appearing for the Respondent Nos. 1 and 2, argued that it was the SMS which instigated the deceased to commit suicide. Hence this case falls under Section 306 IPC.