RAJENDRA BHARADWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner herein has prayed that the case FIR No. 252/2017 registered at Police Station Jalupura, District Jaipur City (North) for the offence under Section 306 IPC be quashed alongwith all subsequent proceedings. It is further prayed that the charge-sheet filed against the petitioner in the court of competent jurisdiction arising out of impugned FIR be also quashed as from bald allegations which have emerged in the entire investigation and particularly in the suicide note, no offence of abetment to suicide, is made out.

(2.) Kailash Gurjar son of Nand Lal Gurjar on the intervening night of 16.9.2017 and 17.9.2017 committed suicide at Room No. 106 of Hotel Gaurav, Banasthali Marg, Jaipur. The police party reached at the spot and found that Kailash Gurjar had hanged himself by putting a rope around his neck with the fan hook affixed in the hotel room. A ligature mark was found on the dead body. Autopsy on the dead body was conducted and as per opinion of the doctor, the cause of death was ante mortem hanging, which was sufficient to cause death in the ordinary course of nature.

(3.) The police party recovered a suicide note from the spot. The said suicide note is part of the challan filed by the police. In the suicide note, Kailash Gurjar stated that nine person namely Shishupal, Bhauri Devi, Raj Kumar, Vijendra, Mukesh, Suresh, Rajendra Bhardwaj, Laxman Tanwar son of Late Moolchand, Munni Devi conspired together and spoiled his life. He stated that he purchased a house from Bhauri Devi after making payment of entire sale consideration. He had also purchased one room inside the house from Bhauri Devi. He further stated that beside that room he had also purchased another room from Raj Kumar after making full payment. Thereafter he made two rooms into one room. It is further stated that Rajendra, Moolchand, Raj Kumar, Bhauri Devi, Shishupal, Vijendra, Mukesh, Suresh, Munni Devi conspired together. In the suicide note it was further stated that all the accused deceived him. Rajendra gave him a cheque of Rs. 28 Lakhs and asked him to encash the said cheque from the bank account at Dausa. He further stated that in lieu thereof, he was made to issue two blank cheques. The deceased further stated in the suicide note that he withdrew amount of Rs.28 Lakhs from the bank account of Rajendra accused petitioner and handed over the same to him (accused petitioner) but accused had not returned the blank cheques issued by him. Thereafter, he started harassing the deceased.