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2021 Supreme(Raj) 1227
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
SANDEEP MEHTA, J.
Kaushik @ Komal Acharya S/o. Shanti Lal Ji - Appellant
Versus
State of Rajasthan and Ors. - Respondents
S.B. Criminal Revision Petition No. 93 of 2021
Decided On : 23-07-2021
For the Appellant : N.K. Bohra.
For the Respondents: Anda Ram Choudhary, P.P.
Headnote:
Criminal Procedural Code, 1973 - Section 397 – Indian Penal Code, 1860 - Section 306 – Revision – Attempt to Murder - Respondent submitted a written report to SHO, alleging inter alia that in the previous night, 3-4 miscreants came to his house and threatened his daughter and family members that if (deceased) was not betrothed to (petitioner), and was married off somewhere else, then entire family of complainant would be destroyed – Held, There is no finding in charge-sheet as to whether any such incident actually took place - Rather, investigating officer based his finding regarding accused petitioner being responsible for suicide of deceased merely on basis of the fact that call details of mobile phones allegedly in use of deceased and the accused indicated exchange of prolonged conversations between them right up to date of incident. It may be stated that no evidence whatsoever was collected by the Investigating Officer to fix ownership of SIM numbers in question - Even assuming that such calls were made, no inference can be drawn that accused instigated deceased to commit suicide. In all probability, deceased was not agreeable with her betrothal to a man other than Komal and marriage had been fixed on insistence of her family members. The marriage was fixed - On day before the incident, some ceremony was performed. Manifestly, deceased became perturbed thereby and finding no way out to achieve her desired relationship with the petitioner, she took extreme step of ending her own life. There is no reliable prima facie material/evidence on entire record, which could satisfy the court that petitioner herein in any manner instigated or abetted deceased to end her life. In absence of any such prima facie material, order framing charge cannot be sustained - Revision allowed.
JUDGMENT :
Sandeep Mehta, J.
1. The instant revision has been preferred by the petitioner herein for assailing the order dated 07.01.2021 passed by the learned Additional Sessions Judge (Woman Atrocities Cases), Jodhpur in Sessions Case No. 12/2020, whereby the learned trial court, directed framing of charge against the petitioner herein for the offence punishable u/Sec. 306 IPC.
2. No one has appeared to oppose this revision on behalf of the respondent No.2-complainant despite service of notice.
3. Briefly stated, facts relevant and essential for disposal of the revision are noted hereinbelow.
4. The respondent No. 2 Chhagan Lal submitted a written report to the SHO, Police Station Pratap Nagar, Jodhpur on 02.04.2019 alleging inter alia that in the previous night, 3-4 miscreants came to his house and threatened his daughter and family members that if Guddi (deceased) was not betrothed to Komal (the petitioner herein), and was married off somewhere else, then the entire family of the complainant would be destroyed. The complainant alleged that his daughter Guddi's marriage was scheduled to be solemnized on 16.04.2019. He and his wife had gone to Basni for making preparations. About 09.00-09.15 p.m. he received a call from his home informing that Guddi had bolted the door from inside and after 3-4 persons had come there and had given threats. The complainant reached home in 15-20 minutes. The neighbours also came there. The door was broken down and his daughter was taken to the MDM Hospital, Jodhpur, where doctors declared her dead. He alleged that the miscreants were threatening his family members. He had personally met Komal's parents and had requested them to refrain their son, but rather than paying heed to the complainant's pleas, Komal's parents threatened that if he married his daughter somewhere else, consequences would be severe. The complainant further alleged that he had not disclosed the schedule of his daughter's marriage, which was to take place on 16.04.2019, even to his family members fearing that the miscreants would malign his image in the society and could jeopardize the marriage. He further alleged that Komal and his family members, to be specific, his brother-in-law, had instigated his daughter to commit suicide.
5. On the basis of this report FIR No. 183/2019 came to be registered at the Police Station Pratap Nagar, Jodhpur for the offence under Section 306 IPC. During the course of investigation, autopsy was carried out on the body of the victim Guddi at the MDM, Hospital, Jodhpur and the medical board opined that the cause of death of the girl was antemortem hanging.
6. The Investigating Officer recorded statement of one Dhanraj Soni, who stated that the complainant and his family members used to reside in a rented portion of his (Dhanraj's) house at Acharya Colony, Chandna Bhakhar, Jodhpur. On 01.04.2019, he (Dhanraj) was strolling in the park outside his house. At about 09.30 p.m., four persons came there and asked for Chhagan Lal and then they told him that something untoward had happened in the house of Chhagan Lal. However, Dhanraj did not identify these persons.
7. Guddi's brother Prem Prakash stated that he and his two sisters were at home on the fateful night. His parents had gone out to do shopping for the marriage. Four boys came around and asked Guddi about their parents. She feigned ignorance, on which these boys stated that they would forcibly abduct her and marry her to a boy named Komal, on which, his sister went inside the house and the four boys also went away. On the same night, Guddi ended her life by hanging herself.
8. Deepu, sister of the deceased, stated that cards of her sister Guddi's marriage had been printed and the marriage was scheduled to be solemnized on 16.04.2019. On 01.04.2019, their parents had gone to Basni to make purchases for the wedding. She, her brother and sister were standing outside the house. At about 09.00 p.m., four boys came there and told Guddi that she would have
