VIJAY KUMAR RASTOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the revision petitions, one filed by the complainant, Vijay Kumar, and the other filed by the State of Rajasthan, challenge the order dated 06.01.2011 passed by the Additional Sessions Judge, Gulabpura, District Bhilwara whereby the learned Judge has discharged Smt. Nisha and Dilip Kumar Morwani of offence under Section 306 Indian Penal Code. Since both these petitions arise out of the same impugned order, they are being decided by this common judgment.

(2.) The brief facts of the case are that on 19.10.2010, Vijay Kumar Rastogi, the complainant, lodged a report at Police Station, Gulabpura wherein he claimed that due to the repeated threats given by his wife, Smt. Nisha, and by her father, Dilip Kumar Morwani, that they would involve his family in matrimonial disputes, his father, Ashok Kumar, committed suicide. After a thorough investigation, the police submitted a charge-sheet against Smt. Nisha and Dilip Kumar Morwani, respondent Nos. 2 & 3, respectively for offence under Section 306 Indian Penal Code. However, after hearing both the sides, vide order dated 06.01.2011, the learned Judge discharged Smt. Nisha and Dilip Kumar Morwani, for the aforementioned offence. Hence, these petitions before this court.

(3.) Mr. Sudhir Saruparia, the learned counsel for the complainant, has vehemently contended that a bare perusal of the statements of Smt. Jamna Devi, the wife of the deceased and of Mr. Vijay Kumar, clearly reveal that Smt. Nisha had disturbed the atmosphere of the family by repeatedly threating them that she would commit suicide, or would falsely implicate the family members in criminal cases. Due to the said threats, Ashok Kumar, the deceased, had no other option but to commit suicide by jumping before a running train. Smt. Nisha was also helped by her father, Dilip Kumar who also threatened the family members of the complainant. Thus, clearly offence under Section 306 Indian Penal Code is made out. Hence, the learned Judge has erred in discharging Smt. Nisha and Dilip Kumar of offence under Section 306 Indian Penal Code.