MOTI RAM Vs. STATE OF J&K

JUDGEMENT

(1.) The present petition has been filed under sec. 561-A CrPC (now 482-CrPC) by the petitioners for quashing order dtd. 15/12/2014 passed by the learned Sessions Judge, Udhampur (hereinafter to be referred as the trial court) by virtue of which the petitioners have been charged for commission of offence under sec. 306/34 RPC.

(2.) The order impugned has been assailed on the ground that there is not even an iota of evidence that at any point of time the petitioners had instigated the deceased or aided him in committing the suicide It is also urged that the suicide note of the deceased was incoherent which unmistakably shows that he was suffering from some mental disease marked by disconnection between thoughts, feelings and action as would be evident from the facts narrated in the very beginning of the suicide note and it demonstrates that the deceased was not a normal person and was rather having a split character. The petitioners in order to demonstrate the mental condition of the deceased, have placed on record certain letters allegedly written by the deceased.

(3.) The brief facts which are necessary for the disposal of the present petition are that on 25/3/2012 an information was received on phone from Police Post, Hospital that one person namely, Prem Kumar S/o. Sansar Chand aged 28 years has been brought by some persons at Hospital and was stated to have hanged himself in his room with the ceiling fan and was brought down and taken to the hospital, where he was declared dead by Medical Officer. On receipt of this information, inquest proceedings under sec. 174 Cr.P.C were initiated and the post-mortem was conducted and thereafter body was handed over to the family for last rites. From the room of deceased during search, one diary, photographs and one suicide note were seized and after the perusal of the suicide note, FIR bearing No. 108/2012 was registered on 29/3/2012 for commission of offence under sec. 306 RPC against the petitioners at Police Station, Udhampur.