AMIT GORAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing an application under Section 482 of Cr.P.C. the petitioner accused has prayed for quashing of the proceeding in connection with Suri Police Station Case No. 153 of 2016 under Section 376/417/306 of I.P.C. Corresponding to G.R. Case No. 423 of 2016.

(2.) According to the petitioner, the F.I.R. itself does not speak of any cognizable offence, far to speak of Section 376/417/306 of I.P.C. According to the petitioner, it is a clear case of suicide committed by the victim and there is only a mere suspicion that the present petitioner had a talk with the victim over telephone on the relevant day. According to him, this cannot come within the purview of Section 306 of I.P.C.

(3.) To appreciate the submission, factual aspect needs to be revisited. The de facto complainant is the sister of the victim, who filed a written complaint before the Suri Police Station contending inter alia that the victim was a student of Primary Teachers Training Centre and the accused petitioner was also a student of that centre. In course of time, through Facebook they became acquainted with each other and ultimately they fell in love with each other. The accused petitioner used to telephone the victim from his mobile and at least 8 to 10 times in a day they used to have chat with each other. Thereafter a physical relationship was also established between the victim and the accused petitioners when the victim asked the present petitioner/accused to marry her, he disagreed. On the fateful day there was conversation by and between them for about 37 minutes. Instantly thereafter the victim committed suicide by hanging.