RAVENDRA @ RAJENDRA Vs. STATE OF M P

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Section 482 of the Cr.P.C. for quashing the first information report registered by Police Station Saliha, District Panna, in Crime No.180/2015 and the proceedings in Session Trial No.15/2016 arising therefrom and pending before the Court of Session Judge, Panna under Section 306 of IPC.

(2.) The facts necessary for disposal of this miscellaneous criminal case may briefly be stated thus: Deceased Anju Verma, who was an 18 years old student, committed suicide by hanging herself from roof of her residence by rope on 10.2.2015. During the investigation, a suicide note was recovered, wherein she had stated that she loved accused/petitioner Ravendra very much and could not bear to see him with anyone else. She also used to pester him; therefore, she could not bear to see him with anyone else. A perusal of the statement of the relatives and neighbours of the deceased reveals that she and accused Ravendra were in love. This fact was known to the relatives, neighbours acquaintances and schoolmates of the deceased and the accused. First informant Sukhendra Singh grandfather of the deceased had approached Ramdeen Verma, father of the accused, with a proposal for marriage between the two; however, Ramdeen had said that he would first marry off his daughters and after that he would consider marrying his son but he had not rejected the match. A day before the incident, i.e. on 9.2.2015, the deceased had told her mother Gaura Bai that Ravendra was betraying her and was telling that he would not marry her because she was not worthy of him. Due to aforesaid conduct of the accused, the deceased was under severe emotional turmoil and mental stress. As a result, she committed suicide by hanging herself by neck, the next day.

(3.) Inviting attention of the Court to various authorities it has been argued on behalf of the petitioner/accused that it has not been stated by the deceased in the dying declaration in her own hand-writing that she had been betrayed by the accused. In her written dying declaration, she had simply stated that she cannot bear to see him with someone else. Though, Gaura Bai, mother of the deceased, had stated that deceased Anju had told her that accused had cheated her and is now refusing to marry her saying that she is not worthy of him; however, the statement of the witnesses including Gaura Bai have been recorded more than 8 months after the date of the incident. It has further been contended that even if all allegations made against the accused are taken at their face value, his acts and conduct would not come under the purview of abetment of suicide and therefore, it has been prayed that the first information report and the proceedings arising therefrom, be quashed.