PUTTU LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application has been field by the applicant Puttu Lal, Govind Singh, Yad Ram, Asha Ram and Smt. Prema Devi with a prayer to quash the proceedings of Criminal Case No. 3043 of 2010 arising out of charge sheet submitted in case crime no. 939 of 2010 under Section 306 I.P.C. P.S. Kotwali district Mainpuri pending in the court of learned C.J.M. Mainpuri.

(2.) THE facts, in brief, of this case are that the F.I.R. has been lodged by O.P. No.2 Vipin Kumar at P.S. Kotwali district Mainpuri on 6.6.2010, at 2.50 p.m. in respect of the alleged incident dated 3.6.2010 alleging therein that the deceased Hind Raj Singh, elder brother of the first informant, was married with the deceased Smt. Akhilesh Kumari about 2 years prior to the alleged incident. The applicants were torturing and compelling to the deceased Hind Raj Singh to live separately from other members of the family, they were hurling abuses and extending threat to implicate in the dowry case, under compelling circumstances the deceased Hind Raj Singh along with his wife started living separately in the house of one Zorawar Singh, the deceased Hind Raj Singh was beaten by the brother of his wife, the deceased Hind Raj Singh was serving in the C.R.P.F. Motihari(Bihar), he had come on leave for 40 days, his wife was residing at her parent's house and appearing in the examination of B.A. III year, the deceased Hind Raj Singh went there the applicants pressurised the deceased Hind Raj Singh to sell his share in the house of his parents and to build own house by purchasing the land which was denied by the deceased Hind Raj Singh, due to which he was threatened by them on 30.5.2010 that in case he does not sell his share in parent's house, he and his family shall be sent to jail by implicating them in dowry case, it was revealed by him to the first informant that he was too much disappointed because he was misbehaved, regularly tortured by the applicants for three days. The deceased Hind Raj Singh was compelled to commit suicide. Ultimately in the noon of 3.6.2010 he and her wife committed suicide by shooting themselves by licensed revolver, but before committing suicide he left a suicide note also, in which he made allegation against the applicants that due to the torture committed by the applicants, he and his wife committed suicide.

(3.) IT is contended by the learned counsel for the applicants that applicant no.1 Puttu Lal, is the father of the deceased Smt. Akhilesh, applicant Govind Singh, Yad Ram and Asha Ram are the brother of the deceased, Smt. Akhilesh Kumari and applicant no.5 Smt. Prema Devi is the mother of the deceased Smt. Akhilesh Kumari, in the said incident, Smt. Akhilesh Kumari and her husband Hind Raj Singh, sustained gun shot injury, they died on the spot, the revolver of the deceased Hind Raj Singh was recovered from his room. There is no credible material collected by the I.O. to disclose the commission of the offence punishable under Section 306 I.P.C., in the present case, applicant Puttu Lal also moved an application under Section 156(3) Cr.P.C. against O.P. No. 2,5 and others making allegation against them that they committed the murdered of the deceased Smt. Akhilesh Kumari with the help of the deceased Hind Raj Singh, thereafter, committed suicide. The present story is not reliable at all, the applicants are respectable persons, they have been falsely implicated in the present case and without doing proper investigation the charge sheet has been submitted on which the learned magistrate concerned has taken cognizance, therefore, the proceedings pending against the applicants in the above mentioned case may be quashed.