BINDU PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal revision u/s 397(2)/401/482 Code of Criminal Procedure,1973 (hereinafter referred to for short 'Cr.P.C.') has been filed in order to quash the order dated 6.3.2012 passed by 4th Additional Sessions Judge, Jabalpur in Sessions Trial No.201/2010 (State of M.P. v. Abid and 10 others) by which learned trial Court has framed the charge u/s 306 of IPC against the applicant.

(2.) UNDISPUTED fact of the case is that Mahendra Kumar Patel (since deceased) was husband of petitioner/applicant. Due to dispute between them so Mahendra Kumar Patel committed suicide on 27.1.2009 by consuming some poisonous substance, while getting disturbed by her taunts and bad activities. On intimation to police, PS Gohalpur (Jabalpur) has registered Marg intimation and inquest was made. Post mortem of the dead body was performed and viscera was preserved. From the report of FSL poisonous substance was found. Suicidal note was also found and it was examined by expert and it was found to be of deceased. From the suicidal note it is revealed that wife of petitioner/applicant was having illicit relations with one Abid and another man Arvind to whom she was keeping relations even after given repeated warning and advice; and she was also not giving lift to deceased. Once when she was pregnant she aborted her pregnancy without consent of her husband. She had not good relations with her husband and in-laws i.e. family members of husband. She also made a complaint in Vidhik Pariwar Paramars Kendra. She did not want to live with husband.

(3.) ON the other hand learned Panel Lawyer appearing for State opposes the arguments advanced by learned counsel for the applicant and has submitted that offence u/s 306 of IPC is prima facie made out from perusal of the suicidal note and suicidal note is fully creditable in which it has been very much mentioned the clear cut case against the applicant she is responsible for the death of deceased. He was not heavy drinker. He also submitted that it also revealed that 47 calls were made from Cell Phone of co-accused Abid to applicant in evening on which poisonous substance was consumed by deceased so applicant was teasing deceased which amounts to cruelty with deceased husband. From the perusal of suicidal note it is very much clear that specific allegations are there and by keeping illicit relations with other persons by the wife not only with one person but more than one person even after restraining her to keep illicit relations and she denied. False allegations were levelled not against deceased but to the family members and Pariwar Paramars Kendra so from suicidal note it is clear that applicant instigated deceased to commit suicide hence means rea is presence to concomitant of 'instigation', would show that suicide was direct result of acts of applicant. Consequently deceased committed suicide and above placed reliance on the authorities have no application in the case in hand.