BAJRANG LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioners have filed this Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. against the order dated 7.7.2014 passed by the Additional Sessions Judge No.2 Jhunjhunu in Sessions Case No.45/2013 whereby the learned trial Court ordered to frame charge for offence under Section 306 I.P.C. against the petitioners.

(2.) Brief relevant facts for the disposal of this petition are that FIR No.70/2012 came to be registered at Police Station Malsisar (District Jhunjhunu) for the offences under Sections 143 and 306 I.P.C. on the basis of a written complaint filed by Smt. Vimla Devi wife of deceased-Shri Mahendra Singh. In the report it was alleged that petitioners and some other persons named in it threatened the deceased with dire consequences if he fails to deliver back the room which the deceased purchased from petitioner-Shri Sahdev after paying sale consideration and, therefore, they instigated the deceased-Shri Mahendra Singh to end his life by committing suicide on 27.5.2012. It is to be noted that petitioners-Shri Bajrang Lal, Manphool and Sahdev are real brother of the deceased while petitioner-Smt. Bhagoti Devi is wife of petitioner Shri Sahdev. After investigation charge-sheet was filed against the petitioners for offence under Section 306 I.P.C. and the learned trial Court after hearing the parties ordered to frame charge for the aforesaid offence against the petitioners.

(3.) It was submitted by the learned counsel for the petitioners that for an offence to be made out for offence under Section 306 I.P.C. it is to be shown that the accused abeted the deceased to commit suicide but in the present case there is no iota of evidence even prima facie to show that petitioners or any of them abeted Shri Mahendra Singh to commit suicide. It was further submitted that whatever evidence is available on record in the present case if accepted as it is even then there is nothing on the basis of that it may be presumed that any instigation or incitement was made by the petitioners that resulted into commission of suicide by Shri Mahendra Singh. It was submitted that at the most prosecution case is that the deceased was threatened by the petitioners to hand over back the possession of the room allegedly purchased by him from one of the petitioners and they asserted pressure upon the deceased for it but that itself is not sufficient to charge and try the petitioners for an offence under Section 306 I.P.C. It was also submitted that the incident is of 27.5.2012 whereas FIR was lodged with an unexplained delay on 6.6.2012 whereas prior to it Merg Report No.9/2012 under Section 174 Cr.P.C. was registered on 28.7.2012 in which statement of complainant-Smt. Vimla Devi was recorded but no allegation of instigation on the part of the petitioners was levelled resulting suicide by the deceased. It was further submitted that during the course of inquiry under Section 174 Cr.P.C. statement of complainant-Smt. Vimla Devi was recorded on 2.6.2012 in which allegation was levelled that the deceased has been murdered by the petitioners and thereafter his dead-body was thrown in the well but when no evidence could be collected regarding murder of the deceased by the petitioners, a new story was developed and allegation of threat on the part of the petitioners and other persons was levelled so as to show the death of the deceased as suicide on account of harassment on the part of the petitioners.