PARVEEN SHARMA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The symposium of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record is that, Yogesh Sharma (deceased), Gurmeet Singh(complainant) and PW Babu Ram were working in the M.K.Hotel, Amritsar. On 04.06.2004, they were on night duty. At mid-night, they went to their rooms and changed the dresses. Yogesh Sharma asked them to proceed and he would follow them. They waited for a long time, but he(Yogesh Sharma) did not follow them. Thereafter, they went to the room, which was bolted from inside. They knocked at the door, but nobody opened it. They entered in the room through window and found that Yogesh Sharma had committed suicide, by hanging himself with fan fitted in the room. A suicide-note was stated to have been recovered from the spot. In the wake of complaint of complainant Gurmeet Singh and on the basis of suicide-note, a criminal case was registered against the main accused Dimple Kumar and one Jarnail Singh son of Late Fauja Singh (respondent No.2), vide FIR No.160 dated 04.06.2004(Annexure P-1), on accusation of having committed the offence punishable under Section 306 IPC, by the police of Police Station Civil Lines, Amritsar.

(2.) Having completed all the codal formalities, charges were framed against the main accused Dimple Kumar. However, Jarnail Singh(respondent No.2) was discharged by the trial Judge, by means of impugned order dated 04.12.2006.

(3.) Petitioner-Parveen Sharma, brother of the deceased, did not feel satisfied and preferred the present criminal revision petition, challenging the impugned order dated 04.12.2006, invoking the provisions of Section 401 Cr.P.C.