DAULAT RAM @ DAULA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner against the order dtd. 17/6/2023, passed by learned Additional Sessions Judge, Sardar Shahar, District Churu in Session Case No. 02/2023, whereby learned Trial Court framed the charges against the petitioner for offence under Sec. 306 IPC.

(2.) Brief facts of the case are that on 7/11/2022, the complainant, Ramlal gave a written report to the Police Station Bhanipura inter alia alleging therein that his brother Omprakash committed suicide due to threats given by the petitioner and other persons. On this report, the police registered FIR No. 225/2022. After investigation, the police filed charge-sheet against the present petitioner before the competent Court and after arguments on charge, charge for offence under Sec. 306 IPC was framed against the petitioner. Hence, this revision petition.

(3.) Learned Counsel for the petitioner vehemently argued that no offence under Sec. 306 of IPC is made out against the petitioner as there is a lack of evidence demonstrating the petitioner's involvement in the commission of the alleged offence. It was argued that initially, deceased Omprakash filed a report on 5/11/2022 against the petitioner, in which subsequently compromise arrived between them on 6/11/2022, consequently, the previous dispute is unrelated to the unfortunate event of the deceased Omparkash's suicide, suggesting that the petitioner is not liable for any alleged offence. The Counsel argued that the deceased Omprakash's Facebook status, posted before his suicide, implicated the present petitioner as the main reason. The subsequent removal of this post by the deceased raises doubts and makes it difficult to confidently attribute the act of suicide to the present petitioner. Counsel submitted that a careful examination of the suicide note/facebook status as well as other material available on record reveals no indication that the accused petitioner instigated or abetted the deceased in committing suicide, thereby precluding the application of Sec. 306 IPC. Consequently, the Trial Court erred in framing the charge under Sec. 306 of the IPC. Learned Counsel placed reliance on recent judgment of Hon'ble Apex Court in the case of State of M.P. Vs. Sudbir Pingle, reported in 2000 Cr.L.J 944 and this Court in the case of Ravindra Kumar Rampuriya Vs. State of Rajasthan reported in AIR Online 2024 Raj. 928.