REENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) Prosecution case in brief is that marriage of the deceased Sunil Lohani was solemnized with applicant Reena Lohani on 22/6/2018. Applicant Reena Lohani was already married and she has a child from her first husband. On 4/1/2024, at 10:30 PM, the deceased poured petrol on himself and set himself on fire. Due to burn injuries, he was admitted in hospital. During treatment, on 13/1/2024, he succumbed to his injuries. Merg intimation was registered. During merg inquiry, a suicide note was seized and statement of witnesses has been recorded and it was found that after solemnization of marriage, wife of the deceased used to meet the co-accused Ashok Sachdeva and on 31/12/2023, wife of the deceased alongwith applicant Ashok Sachdeva went to house of the deceased and told him that she had already solemnized marriage with Ashok Sachdeva. Due to aforementioned act of wife of the deceased, Reena, the deceased got upset. On 30/12/2023, accused Reena and Ashok alongwith co-accused persons Shankar Kamra, Nanhe Kamra, Baji Kamra, Sonam Kamra and Sinesh Kamra forcibly took the deceased to the Court and got executed an agreement for divorce, while the deceased did not want to get divorced. On 4/1/2024, the deceased had went to the house of accused Reena and knocked her door, but she did not open the door. Then, the deceased in front of her house committed suicide by pouring petrol and setting himself on fire. The deceased also mentioned in his suicide note that he is committing suicide due to harassment caused by present applicants and co-accused persons. On completion of merg inquiry, an FIR was lodged against the applicants and co-accused persons.

(3.) Learned counsel for the applicanta/accused submits that the applicant have not committed the offence and they have falsely been implicated in the case. It is submitted that there are no ingredients of abatement as provided under Sec. 107 of IPC. Therefore, prima facie no alleged offence is made out against the applicants.