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2022 Supreme(Raj) 378

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
Jayanti Lal @ Jeet Mal S/o Sh. Sardarmal Ji – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
S.B. Criminal Misc(Pet.) No. 2879 of 2022
Decided on : 01-08-2022

Advocates:
Advocate Appeared:
For the Appellant : Mr. Falgun Buch
For the Respondent: Mr. Mohd. Javed Gauri, Public Prosecutor

Headnote:

Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 302 & 201 – Offence of Murder – Savings of inherent powers of High court - Held, apart, call details and allegations in FIR and submissions made are indicative of a disturbed state of mind of deceased and in such a situation, possibility of a person, even one who has renounced world, committing suicide cannot be ruled out completely - Petitioner has relied upon statement of some residents of Bhandavpur to assert and establish that relationship of deceased was not congenial with other Saints of Tirth. But such statements per se cannot be construed to be evidence treading an Investigating Officer to reach to a conclusion that it is a case of homicide - Petition dismissed.

JUDGMENT :

1. By way of the instant petition preferred under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 29.03.2022, passed by the learned Sessions Judge, Jalore (hereinafter referred to as "the Revisional Court"), whereby the orders dated 04.09.2021 and 17.11.2021, passed by the learned Judicial Magistrate, Jalore (hereinafter referred to as "the trial Court") have been affirmed, while rejecting the revision petitions filed by the petitioner.

2. The facts narrated in brief are that petitioner's brother Kishore Kumar, who had renounced the world on 30.05.2010 to become a Jain Saint (renamed as "Jin Ratna Vijay"), passed away on 23.01.2021 in suspicious circumstances.

3. It is the case of the petitioner that on 23.01.2021 at around 4:45 am (early morning), the petitioner's sister (Usha Devi) received a phone call from Shri Jay Ratna Suri Maharaj, head of Bhandavpur Tirth informing that her brother Jin Ratna Vijay Ji Maharaj (formerly known as Kishore Kumar) is missing. Thereafter another phone call was received informing that his brother Jin Ratna Vijay Ji Maharaj has committed suicide.

4. According to the petitioner, though his family members requested Shri Jay Ratna Suri Maharaj to wait until they reach Bhandavpur Tirth, but the request was not heeded to and the body was cremated in haste.

5. The petitioner lodged an FIR alleging murder and the same was registered in the Police Station Sayla, District Jalore on 04.04.2021 (FIR No.77/2021) for the offences under Sections 302 & 201 of Indian Penal Code.

6. After thorough investigation and considering the postmortem report, which indicated reasons of death as 'asphyxia' -due to drowning and finding absence of external injury, the police filed a negative final report so far as offences under Sections 302 & 201 of Indian Penal Code are concerned and concluded the case to be a case of suicide.

7. The petitioner lodged a protest petition and assailed the conclusion drawn by the Investigating Officer on various grounds, but, the same was rejected by the learned trial Court vide its order dated 04.09.2021.

8. The petitioner thereafter preferred a revision petition, which too came to be rejected by the Revisional Court vide order dated 29.03.2022.

9. Mr. Falgun Buch, learned counsel for the petitioner navigated the Court through the contents of the FIR and narrated various circumstances, more particularly emphasizing on the fact that the deceased was 62 years of age and having problem in his foot. He argued that the petitioner could not climb up to the water reservoir to commit suicide. While highlighting that as per the report prepared by the police, there was only 2-2.5 feet water in the tank, he argued that no human being can drown and die in such shallow water.

10. Learned counsel invited Court's attention towards the Whatsapp message received by petitioner's family and recording of the phone call in which the deceased Saint Jin Ratna Vijay Maharaj had expressed his dissatisfaction rather concern over the behaviour of other Saints towards him and apprehended threat to his life. He argued that even CCTV camera recording was not obtained.

11. Heard learned counsel for the petitioner and perused the material available on record, including the orders passed by the Courts below.

12. A perusal of the order dated 04.09.2021, passed by the learned trial Court, reveals that the trial Court has passed a detailed order dilating upon all the issues and concerns expressed by the petitioner.

13. In relation to CCTV camera recording, the trial Court has found that on account of plantation and other construction activities being undertaken at the trust premises, the CCTV cameras were not operational. The Court has thoroughly examined the postmortem report, which clearly suggests cause of death to be asphyxia. The postmortem report establishes that there was no external injury on the body of the deceased.

14. The learned trial Court has also properly conside

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