RAVEENDRA KAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this Criminal Revision under Section 397 read with Section 401 of Cr.P.C. against the order dated 9.1.2020 passed by Second Additional Sessions Judge Dabra, District Gwalior in Sessions Trial No. 92/2019, whereby the charge under section 306 of IPC has been framed against the petitioner.

(2.) It is alleged that FIR was got registered at Crime No. 327 of 2019 in Police Station Bhitarwar, District Gwalior on 1.9.2019 with respect to a death said to have taken place on 2.4.2018 and the Merg Intimation of which was given to the Police Authorities on 3.4.2018 and thereafter for the first time the original Merg was registered by the Police Station Bhitarwar on 26.9.2018 and after holding an inquiry into the matter the FIR was registered. It is submitted that looking to the contents of the FIR prima facie no offence under section 306 of IPC is made out against the petitioner. It is submitted that the original Merg was got registered after more than five months of the alleged incident. On the basis of this the FIR has been registered on 1.9.2019 after 1 ½ years of the alleged incident and there is no explanation for the delay by the prosecution. It is argued that the copy of the charge-sheet has been filed along with the petition.

(3.) Learned Counsel for the petitioner has drawn attention of this Court to the First Information Report, which shows that the intimation of death of Amrit Pal on 2.4.2018 at 4:45 PM in Sahara Hospital, Jhansi Road, Gwalior was immediately given to the police authorities on 3.4.2018 on the basis of which the Merg was registered at No. 026/2018. The postmortem of the dead body was got conducted by the police authorities on 3.4.2018. The postmortem report was issued and the cause of death was shown to be cardio respiratory failure as a result of ingestion of poisonous substance. Thereafter the viscera was preserved for sending it for chemical analysis. It is submitted that after registration of the Merg, the police authorities has kept mum for a considerable period and for the first time on 12.12.2018 the viscera and other articles were sent to Regional Legal Scientific Laboratory for investigation. It is further pointed out that as the place of incident comes under the jurisdiction of Police Station Bhitarwar, therefore, the actual Merg was registered at Merg No. 47/2018 at Police Station Bhitarwar on 26.9.2018. It is submitted that the Police Authorities have not given any explanation for keeping the matter pending from 3.4.2018 to 26.9.2018 at Police Station Jhansi Road, despite of the fact that the actual place of incident was Bhitarwar and the matter should have been immediately sent for investigation in Police Station Bhitarwar, but the same was sent for the first time on 26.9.2018 as per the FIR itself, on the basis of which Merg number 47/2018 was got registered. Thereafter the statements of witnesses have been recorded. It is further submitted that even after receiving of the case on 26.9.2018 at Police Station Bhitarwar the statement of witnesses have been recorded after a considerable delay. The statement were recorded on 2.9.2019 of Daljeet Singh S/o. Santosh Singh, Harjeet Singh S/o. Santosh Singh and Dilshad Singh S/o. Harjeet Singh, thereafter on 6.9.2019 Santosh Singh S/o. Late Mohar Singh and thereafter on 23.10.2019 the statement of Sonu Parihar was taken. Janved Singh, Gurdeep Singh, Pratipal Singh, Smt. Satyajeet Singh Kaur and Baljeet Singh all relatives and family members of the deceased. No explanation is given by the prosecution for recording the statement belatedly. The report from the Forensic Lab was received on 28.12.2018 and was handed over to the Superintendent of Police, Gwalior and it was found that in Article A and B presence of aluminum phosphate pesticide was found and Article C does not contain any chemical poison. Article A and B were marked as viscera of deceased Amrit Pal. Despite of the same the prosecution has shown its lethargic attitude conducted investigation with lethargy and has got recorded the statements of witnesses for the first time in the month of September and October, 2019. It is argued that even from the perusal of the statement of witnesses no offence under section 306 of IPC is made out against the present petitioner as none of the witnesses have stated that the petitioner has given any instigation at any point of time to the deceased which have forced the deceased to take such a step to commit suicide. All the statements points out that there was love affair between the petitioner and the deceased and the petitioner used to ask the deceased to marry him, but none of the witnesses have clearly stated that what instigation was given by the petitioner to the deceased for which he has taken such a fatal step of committing suicide. It is argued that the instigation and mens rea are the prime components for constituting an offence under section 306 of IPC against the petitioner. He has relied upon the judgments passed by the Hon'ble Supreme Court in the case of M. Mohan v. The State, AIR 2011 SC 1238, Gangula Mohan Reddy Vs. State of Andhra Pradesh, AIR 2010 SC 327 and Rajesh vs. State of Haryana AIR 2019 SC 478. It is submitted that even if the entire prosecution story is taken in toto then also no offence under section 306 of IPC is made out. He has prayed for quashment of the charges and the entire charge-sheet against the petitioner as no offence under section 306 of IPC is made out in the facts and circumstances of the case.