SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Raj) 1976

RAJASTHAN HIGH COURT
Manak Mohta, J.
Dhanraj and Others - Appellant
Versus
State of Rajasthan and Another - Respondent
S.B. Criminal Revision Petition No. 1057 of 2008.
Decided On : 13-05-2009

Advocates:
For the Petitioners:Mahesh Bora, Advocate.
For the Respondent No. 2:R.S. Choudhary, Advocate.
For the Party: Panney Singh, Public Prosecutor

Headnote:Criminal Procedure Code, 1973 – S. 397 and 401Indian Penal Code, 1860 – S. 306 – revision against the order of framing charges under – S. 306 and 120 – B Indian Penal Code is dismissed as deceased was under continuous threat to give possession of land in dispute – there is sufficient evidence to proof that offence is committed by the accused – statement of witnesses also shows the same.

JUDGMENT

1. - This revision petition has been field by accused petitioner against the order of the learned Additional Sessions Judge (Fast Track), Nagaur dated 15.09.08 in Sessions Case No.17/08 by which charges under section 306 and 120B IPC have been framed against the said petitioners.

2. Brief facts of the case, for the disposal of this revision petition are that on 10.09.07 complainant Hari Ram, s/o Rekha Ram (deceased) filed an FIR at Police Station Surpalia, District Nagaur stating inter alia that a piece of land which is situated just in front of their house was lying unoccupied since 20 to 30 years. The said land was given by Gordhan Ram and Phusa Ram to the complainant family. His neighbour, Dhan Raj Gaur, (petitioner) called Munear Ram s/o Phusa Ram and Prakash s/o Chanda Ram and told them that the land does not belong to Rekha Ram and kuchha wall be constructed around the land and thereafter Dhan Raj will purchase the same. After that, Rekha Ram, father of the complainant was called by Dhan Raj who threatened him by saying that the unoccupied plot belongs to Munear Ram, Shravan Ram and Om Prakash, therefore, he should hand over that land to them. It was further stated in the FIR that thereafter all the accused persons constructed Kuchha wall over the plot. On this, father of the complainant approached reputed persons of the village for some compromise. On 09.09.08 all the accused persons called Rekha Ram to Dhan Raj's house and again threatened him. It was stated that Rekha Ram was so scared after this incident and he left his house and did not return. On 10.09.08 at about 6.00 AM the complainant, along with Sita Ram went to the lake side and found the shoes of his father near the lake. It was stated that his father had committed suicide due to the mental harassment given by the accused persons.

3. On this information, police registered case vide FIR No.25/07' under section 306 and 120B IPC and started investigation. During investigation accused person were arrested and after completion of the usual investigation, police filed challan against all the accused under the aforesaid sections. Thereafter, the case was committed for trial to the court of learned Addl. Sessions Judge, Nagaur who vide his judgment dated 15.09.08 framed charges against all the accused persons under section 306 and 120B IPC. Aggrieved by the order of framing of charges, the petitioners have preferred this revision petition. Notice of this revision petition was issued to respondents, record of the case was called and arguments were heard.

4. During the course of arguments, learned counsel for the accused petitioners submitted that the learned Additional Sessions Judge has wrongly framed charges against the petitioners, of the said offences. Learned counsel submitted that there was no nexus between the death of the deceased Rekha Ram and the alleged conduct of petitioners, for which they have been charged for the offence under sections 306 and 120B IPC. Learned counsel further submitted that the accused petitioners did not abate or provoke Rekha Ram to commit suicide. Thus, the accused were entitled to be discharged but the learned court on the assumption and presumption, framed the aforesaid charges . On the basis of aforesaid submissions, a request was made to quash the order of charge, accused petitioner be set free and revision may be allowed.

5. On the contrary, learned Public Prosecutor assisted by learned counsel for the complainant party refuted the contentions and submitted that the accused petitioners were having criminal conspiracy among them . Dhan Raj wanted to purchase this land with the connivance of other accused persons and in that respect they created such an atmosphere and time and again threatened Rekha Ram. In these circumstances, Rekha Ram committed suicideand for that the accused petitioners were responsible. Learned counsel for the complainant party drew my attention towards the statement of witnesses and on the strength of







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top