MANISH TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed against the order dated 21-7-2000 passed by the Additional Sessions Judge as well as Special Judge (NDPS) Jabalpur in Sessions Trial No. 179/2000.

(2.) THE prosecution case against the applicant is that by his action he instigated Ku. Pooja Jain to commit suicide and thereby committed an offence punishable under Section 306 of Indian Penal Code. It is alleged in the F. I. R. that the applicant was on visiting terms with the family of the deceased who resided at Bargi Hills, Jabalpur. At the time of incident, the deceased Pooja was living with her mother Smt. Indira Jain and brother Sanjay Jain. The applicant took advantage of his familiarity with the members of the family of the deceased and began to harass Ku. Pooja Jain with an intention of having illicit relations with her. It is further alleged, that just prior to the date of incident, finding Pooja alone in her house at Bargi Hills, the applicant threatened her to sign an affidavit and also caught hold of her throat exhibiting violence. It is alleged that the previous conduct as well as the last conduct which has been stated above had made Ku. Pooja Jain depressed consequently she committed suicide on 174-2000 by throwing herself into the Narmada river over newly constructed Tilwaraghat Bridge. The statements of Smt. Indira Jain, mother of the deceased and that of her brother Sanjay Jain who were at Jabalpur are more important than that of her brother-in-law who was not at the spot at the time of incident and came from Nagpur subsequently.

(3.) IT is alleged by Sanjay Jain that Manish Tiwari, who used to come to their house, was in the habit of misbehaving and harassing his sister Pooja. He used to threaten her for having illicit relations with his sister. His sister had told him about this action on the part of applicant prior to 4-5 days before her death. It is further alleged by this witness that Marriage of Manish Tiwari was settled elsewhere but somebody had written confidential letter to the party of the girl with whom his marriage was settled, regarding the fact that Manish Tiwari was a Gunda. On receiving that letter, his marriage was cancelled. It was further stated by him that on 10-1-2000 Manish Tiwari, finding Pooja Jain alone, wanted her to sign an affidavit but the girl refused to sign the said affidavit because she did not know the contents thereof. Thereafter, Manish Tiwari became violent and had caused physical injury on the throat of Pooja Jain. Consequently, on 17-1-2000 she committed suicide. No body knows the nature of the affidavit as it was never seized from the applicant nor does any witness state that Pooja spoke about the contents of applicant to anyone.