RUGHA RAM KUMHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition is preferred by the petitioner accused Rugha Ram being aggrieved of the order dated 27.3.2017 passed by the Additional Sessions Judge No. 3, Bikaner in Criminal Revision No. 133/2015 whereby, the Revisional Court dismissed the revision of the petitioner and upheld the order dated 18.7.2014 passed by the learned Judicial Magistrate, Nokha in Criminal Misc. Case No. 541/2014 taking cognizance against the petitioner for the offence under Section 306 of the I.P.C. in connection with Final Report No. 75/2014 arising out of FIR No. 33/2014 registered at the Police Station Panchu, District Bikaner.

(2.) I have heard and considered the submissions advanced by the learned Counsel for the parties and have gone through the impugned orders and the original record.

(3.) Brief facts relevant and essential for disposal of the misc. petition are that Shri Hukum Singh-respondent No. 2 lodged a written report at the Police Station Panchu on 25.2.2014 alleging inter alia that his younger brother Manohar Singh had taken a labour contract in the bhujiya (savories) factory of the present petitioner Rugha Ram, who owed a sum of Rs. 2,08,000/- to Manohar Singh. Manohar Singh demanded the said amount from Rugha Ram. Rather than repaying the dues, Rugha Ram sent a false notice to Manohar Singh with the allegation of theft. Because of this, Manohar Singh became severely perturbed and ended his life by hanging himself on a khejari tree in the field of Surata Ram. The matter was thoroughly investigated. The Investigating Officer collected the CCTV footage of the petitioner's factory, recorded the statements of various witnesses and concluded that Manohar Singh had indeed misappropriated certain quantity of bhujiya from the factory of the petitioner Rugha Ram who discovered the incident on watching the CCTV footage. A panchayati was convened in the factory. Both the sides were present in the panchayati. Manohar Singh confessed to his guilt and agreed to pay a sum of Rs. 2,08,000/- as damages. The factory owner proposed that he would not take the compensation and that a sum of Rs. 21,000/- should be donated to the gaushala. Manohar Singh came back to his village. Thereafter, he did not go to the factory and ended his life by hanging himself in the field of Surata Ram on 25.2.2014. With this finding, the Investigating Officer proceeded to submit a Final Report in the Court concerned. Acting on the protest petition filed by the complainant, the learned Magistrate, took cognizance against the present petitioner by order dated 18.7.2014 for the offence under Section 306 I.P.C., taking note of the fact that as per the documents available on record, it came to the fore that the deceased Manohar Singh had sent a notice to the accused petitioner Rugha Ram demanding a due sum of Rs. 2,08,000/- from him. The accused replied to the said notice imputing that the Manohar Singh had committed theft in his bhujiya factory and thus, there was a monetary dispute between the parties. The Court held that the conduct of the accused in not lodging a criminal case despite the theft, brought his defence theory under a cloud of doubt. It was further concluded that the false reply with allegation of theft given by the accused to the notice issued by the deceased must have brought him under tremendous pressure and feeling of ignomity, as a result whereof, he was compelled to end his life. With this conclusion, the learned Trial Court proceeded to take cognizance against the petitioner for the offence under Section 306 I.P.C. by the order dated 18.7.2014. The petitioner unsuccessfully challenged the order passed by the Trial Court in revision, which was dismissed as above. Hence, this misc. petition.