STATE OF J&K Vs. AJIT SINGH AND ANR.

JUDGEMENT

(1.) This criminal revision petition has been filed by the State against the order dated 19.01.2009 passed by the 1st Additional Sessions Judge, Jammu by virtue of which the respondents herein have been discharged for the offences under Sections 306/406 RPC.

(2.) The brief facts of the case are that one Naveen Kumar Honda and Mst. Anu Bala came from Batala, Punjab and stayed at Broadway Hotel at Jammu in one room. On 19.07.2007 both of them consumed poisonous substance aluminum phosphide in the hotel room and committed suicide. The alleged suicide committed by these persons is attributed to the respondents, who hail from Batala and Amritsar respectively. The two suicide notes were recovered from the hotel room where the suicide was committed by the victims. These two suicide notes coupled with the statements of the witnesses are the mainstay of the prosecution case for implicating the accused under Sections 306/406 RPC. It has been projected in the challan that the business transaction between the accused and the victim-Naveen Kumar Honda and the harassment caused to the victim Mst. Anu Bala by the accused Suman Mohan Bazaz led to the suicide of the victims.

(3.) Learned counsel for the petitioner-State submits that the financial harassment caused by the accused to the victim Naveen Kumar Honda forced them to commit suicide in the hotel room. The suicide notes were recovered from the place of occurrence, prima facie, a case is made out that the accused are responsible for the suicide of the victims and are liable to be charged for offences under Sections 306/406 RPC.