The Court emphasized the limited nature of revisional jurisdiction and the need to focus on whether there is sufficient ground for presuming that the accused has committed an offence at the stage of framing charges.

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. Leave granted.

2. The present appeal arises from a judgment dated 31 January, 2018 of a learned Single Judge of the Indore Bench of the High Court of Madhya Pradesh [In Criminal Revision No. 458 of 2018] discharging the Respondent from charges framed by the Special Judge, Neemuch. The Special Judge, Neemuch had by an order dated 13.10.17 in Special Case No. 51 of 2017 framed charges against the respondent under Section 306 of the Indian Penal Code, 1860 [“Penal Code”] and Section 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. In pursuance of the notice issued by this Court on 19 November, 2018, the respondent has entered appearance through learned counsel. We have heard the Deputy Advocate General for the State of Madhya Pradesh and learned counsel for the respondent.

4. On 9 August 2017, Jyoti Sharma committed suicide by consuming poison at her residence at Neemuch. Immediately after she consumed poison, she was moved to the District hospital for treatment. The dying declaration of the victim was recorded on 9 August 2017 in the presence of the Naib Tehsildar, Neemuch. The relevant part of the dying declaration is extracted below:

“Question: What has happened to you?

Answer: I have consumed poison.

Question: Why you have consumed poison?

Answer: I am not able to get the job, wherever I go, Deepak Bhamawat R/o Jeeran, get me sacked out from the job. Earlier he had molested me, on which, I had instituted a case

against him, since then, he is harassing me.

Question: Whether you want to say anything else?

Answer: No.”

5. Jyoti Sharma died on 10 August 2017 at a hospital in Udaipur where she was admitted for treatment. The First Information Report [“FIR”] was registered on 16 August 2017. During the course of the investigation, the respondent was arrested on 6 September 2017. On the completion of the investigation, the investigating officer submitted a charge-sheet on 22 September 2017 under Section 306 of the Penal Code and Section 3(2)(v) and Section 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act before the Special Judge, Neemuch. Cognizance was taken on 13 October 2017. Charges were framed on 10 January 2018. Challenging the order framing charges, a Criminal Revision was filed before the High Court.

6. The Single Judge, by the order impugned in these proceedings, set aside the order of the trial judge and directed that the respondent be discharged.

7. The Deputy Advocate General has adverted to the charge-sheet which has been submitted after the investigation was completed. Learned counsel submitted that there is a dying declaration of the victim which was recorded on 9 August 2017. It was urged that the investigation has disclosed that the respondent and the deceased were employees in the Central Bank. The respondent had obtained a loan in the name of the deceased, allegedly after forging her signature. The loan was not paid, as a result of which on 3 August, 2017, Central Bank issued a notice to the deceased for the repayment of the loan. During the course of the investigation, the investigating agency found that three complaints were submitted by the victim: on 1 November 2016 to the Station House Officer, P.S. Jeeran; in December 2016 at P.S. Jeeran and another on 6 January 2017 to the Collector, Neemuch making specific allegations that the respondent was harassing her. The respondent is alleged to have caused the deceased to be terminated from employment and also allegedly caused her landlord to oust her from possession. On this material, which has emerged in the course of the investigation, it is urged that the case for discharge was not made out.

8. On the other hand, learned counsel appearing on behalf of the respondent placed reliance on the fact that in the FIR all that has been adverted to is that the respondent had got the deceased terminated from her job in the Central Bank and thereby harassed her