JUDGMENT :

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. Mr. Shreyash Ramdev, Advocate is appointed as Amicus Curiae to argue the matter on behalf of the complainant-petitioner (in Revision Petition No.66/2001) under the free legal aid scheme of RSLSA. His remuneration shall be paid by the Rajasthan State Legal Services Authority as per the rules.

3. The assailment in the present revision petitions – by the State and the complainant, respectively -preferred under Section 397 read with Section 401 Cr.P.C. is common.

3.1 Both the instant petitions have been preferred seeking quashing and setting aside the order dated 28.11.2000 passed by the learned Additional Sessions Judge in Sessions Case No.88/2000, whereby the accused-respondents were discharged, at the stage of framing of charges, of the offence under Section 306 IPC, for which they were charged.

4. The bone of contention in the present case is the suicide committed by one Ajay Kumar on 31.01.2000, under the alleged mental torture and harassment on the part of his wife and in-laws, on one pretext or the other; accordingly, a report was submitted by one Kishan Lal Tailor (complainant/petitioner herein) on 24.02.2000 before the Superintendent of Police, Bhilwara which culminated into registration of a case for the offence under Section 306 IPC and the necessary investigation; the accused-respondents were charged for the said offence. However, the learned trial court vide the impugned order dated 28.11.2000, discharged the accused-respondents of the criminal charge, as above.

5. Learned Public Prosecutor appearing on behalf of petitioner-State as well as learned counsel for the complainant/petitioner submits that the deceased-victim Ajay Kumar was married to accused-respondent Shashi Kala, and immediately thereafter, she went to her parents house at Bhilwara; many a times, the in-laws of the deceased-victim pressurized him to leave his village and reside at Bhilwara, failing which, the deceased-victim was threatened of dire consequences, viz., false implication of the deceased-victim and his family into a criminal case; under such threat however, the deceased victim went to Bhilwara, where he resided in a rented premises alongwith his wife (accused-Shashi Kala) for about a year. As per learned counsel, during such period, the in-laws of the deceased-victim kept on demanding Rs.30,000/-, it was also told that in case the deceased-victim fails to fulfill such demand, the same would result into false implication of the deceased-victim and his family members.

5.1 Learned counsel further submits that thereafter, the deceased-victim left Bhilwara and went to resident in Badnor, where he used to earn his livelihood by doing the work as labourer; however, despite that, the demand of Rs.30,000/- and ornaments, and the otherwise threatening on the part of the accused-respondents continued; at one point of time i.e. 27.01.2000 and 30.01.2000, the deceased-victim was called by his in-laws at Bhilwara, where on count of non-fulfillment of the aforesaid demand, the accused-respondents locked the deceased-victim in a room and also subjected him to immense humiliation and harassment, followed by reiteration of the aforesaid demand, and the consequential threat in case of non-fulfillment of such demand.

5.2 Learned counsel thus, submits that under such compelling circumstances, wherein the deceased-victim was subjected to immense threat, humiliation, harassment and mental torture by the accused-respondents, the deceased-victim extinguished his life-spark by committing suicide.

5.3 Learned Public Prosecutor also submits that though in the note written by the deceased, preceding the date of the suicide, there was no mention of Rs.30,000/-, demand whereof had been made from the deceased-Ajay Kumar (victim) by his in-laws, nor there was a mentio