STATE Vs. MUKTANAND BICHOLKAR

JUDGEMENT

(1.) HEARD rival submissions for some time on this Criminal Revision application preferred by the State challenging the order of discharging the present respondents/original accused from the Sessions Case No. 16/2013.

(2.) THE impugned order of discharge was passed by the Additional Sessions Judge, Mapusa on 21/1/2014 thereby discharging all the three accused/present respondents of the offence punishable under section 306 read with section 34 of Indian Penal Code.

(3.) ACCORDING to the case of the prosecution the victim girl had a love affair with the original accused no. 1 for about 8 to 10 years. Prior to the incident the said girl took sleeping pills on 5/5/2012. Apparently this love affair was known to the persons in the locality. About 15 days prior to 5/5/2012, the girl had insisted the accused no. 1 for marriage and that time he told her that she should approach his mother with a proposal. On this the girl insisted that accused no. 1 should first talk to his mother and then things can be set right. However, accused no. 1 insisted that the girl or her mother and other relatives shall initiate the things and meet his mother. As such, the mother and other near relative of the girl met accused nos. 2 and 3 along with the victim girl. This happened on 5/5/2012 and that time accused nos. 2 and 3 refused the said proposal and on the contrary uttered the words that the victim girl was on her own insisting the accused no. 1 to get married as she was interested in his wealth and was influenced by the new motorcar he had purchased. Thus, feeling insulted the girl and her mother and the other relatives came back in dejected condition as their proposal for marriage was refused. After this episode the girl after her mother left the house took about 20 sleeping pills so as to end her life. She remained in unconscious condition till evening and when the relatives came and the victim girl was taken to the hospital for treatment.