AJAY SINGH PARVEEN Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) Ajay Singh Parveen and Deepak Vashisht have invoked the revisional jurisdiction of this Court challenging the order dated 18.8.2010 passed by Additional Sessions Judge, Chandigarh, declining to discharge the accused/revisionists as well as assailing the charges framed against the revisionists to face trial under Section 306 IPC as well as under Section 3(1)(x) of S.C./S.T. Act.

(2.) Brief facts inter alia are that the case in question was registered on the statement of Charan Singh. Case of the prosecution in brief is that Jaspreet Singh since deceased was a student of MBBS GMCH, Sector-32, Chandigarh. On 27.01.2008 he went to GMCH, 32, Chandigarh but did not return. On that day there was an Euphoria (a cultural event) function in the college. He did not return to the house then at about 8/8.15., telephone calls were made to the friends of Jaspreet Singh who replied that Jaspreet Singh was in the college till noon. Complainant and his wife then went to the college and searched of their son. They found their son's jacket lying in the library. No person was present in the library at that time. They asked from the security guards about the whereabouts of their son and on further search they found one of the bathrooms which was nearer to the library, locked. The said bathroom was bolted from inside. In the said bathroom they saw that their son had tied his neck with a parna and was hanging with the pipe of toilet tank. With the help of friends of Jaspreet Singh, his body was got down. They took him to emergency ward. Doctor after checking has declared him brought dead. Suicide note was found in the pocket of jacket of Jaspreet Singh. On the basis of said statement case was registered. After completion of necessary formalities challan against the accused N.K. Goyal was filed. Accused Ajay Singh Parveen and Deepak Vashist were not challaned. The said case was committed to the court of Session and was entrusted to the Special Court under SC/ST Act. On consideration charge under Section 306 IPC and 3(x) of Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989 was prima facie found and made out against accused N.K. Goyal. In support of the case prosecution examined Charan Singh PW.1. Learned APP moved application under section 319 Cr.P.C. vide order dated 21.1.2010 accused Deepak Vashist and Ajay Singh Parveen were summoned as additional accused. Thereafter, charges under Section 306 IPC and under Section 3(x) of the S.C./S.T. Act were also framed against the present petitioners. Hence, revision.

(3.) Mr. P.S. Ahluwalia, learned counsel for the revisionists has vehemently argued that petitioner No. 1 himself is a Scheduled Caste, hence no offence can be said having been committed by him under Section 3(2)(vii) of the SC/ST Act. He has further argued that there is no mention about petitioner No. 2 in the suicide note. Learned counsel for the petitioners has argued that the only allegation against the petitioner is that petitioners used to harass the deceased and behaviour of the petitioners was cruel towards the deceased, hence cruel behaviour or harassment from the side of the petitioners to the deceased will not amount to abetment, hence no offence under Section 306 IPC is made out against the petitioners/accused.