The court emphasized the need for evidence of systematic demand of dowry, cruelty, or mental torture in cases of abetment to suicide, and the importance of evaluating all records and documents submitted before framing charges.

1. The petitioner has filed this criminal revision against order dated 23.08.2016 passed by the Court of Ld. Additional Sessions Judge, Rajouri in criminal challan titled State of J&K vs. Mohd. Shafi and others whereby respondents 2 to 6, who are arrayed as accused persons, have been wrongly and erroneously been charged for commission of offence punishable under section 306 instead of 302 Ranbir Penal code.

2. It is stated in the petition that the petitioner is unfortunate father of Mst. Zahida Parveen, who was married to respondent No. 2 and has been brutally murdered by the respondents No. 2 to 6 in a well hatched conspiracy on 31.12.2015 i.e. just after two years of her marriage. The petitioner is aggrieved of the order dated 23.08.2016 passed by the Court of Ld. Additional Sessions Judge, Rajouri in criminal challan titled State of J&K vs. Mohd. Shafi and others whereby the respondents 2 to 6, who are arrayed as accused persons, have been wrongly and erroneously been charged for commission of offence punishable under section 306 Ranbir Penal code instead of 302 Ranbir Penal code.

3. It is stated in the petition that the marriage of the daughter of the petitioner was solemnized with respondent no.2 at Rajouri. Just after the marriage, her husband and in-laws i.e. respondents 2 to 6 started maltreating and harassing the daughter of the petitioner and just after few months of the marriage, she was thrown out of her matrimonial home. She started living with respondent no.2 at Rajouri in a rented accommodation. That the respondent no.2 even while living with the daughter of the petitioner at the rented accommodation used to harass, beat and assault her on trivial issues on the instigation of respondents no. 3 to 6. All the atrocities and physical assault made on the daughter of the petitioner were complained by the daughter to the petitioner and the matter was also brought to the notice of relatives and due to their intervention number of Panchayats was convened in the village to resolve the matrimonial issue. That the respondent no. 2 to 6 time and again admitted their guilt before the Panchayat and undertook that they will not harass the daughter of the petitioner. Because of their assurance, undertaking and promise before the Panchayat, the daughter of the petitioner went to her matrimonial home. That on 31.12.2015 when the daughter of the petitioner was at her matrimonial home, the respondents no. 2 to 6 picked up a quarrel with the daughter of the petitioner and finally in a well planned criminal conspiracy brutally murdered her. However, the death of the daughter of the petitioner was projected by the respondents 2 to 6 as a case of suicide as after committing murder of the daughter of the petitioner, she was hanged with the roof just to project as if the daughter of the petitioner has committed suicide.

4. It is also stated in the petition that with respect to the death of the daughter of the petitioner, inquest proceedings were initiated by the respondent no. 1 in which statements of the witnesses were recorded who before the Investigating officer specifically stated that the daughter of the petitioner has been murdered by the respondents no. 2 to 6 as all of them were highly inimical against the daughter of the petitioner and murdered her in a well planned conspiracy. One of the witnesses namely Mohd. Rafiq specifically told the Investigating Officer that he had seen the dead body of the deceased lying on the floor of the house where all the accused persons were sitting together and he reached the spot, the respondent no. 6 abused him and asked him to leave her house. That after holding inquest proceedings, FIR No. 28 of 2016 dated 16.01.2016 for commission of offences punishable under section 306 Ranbir Penal code against the respondents no. 2 to 6 were registered and respondents no. 2 to 6 were arrested. That the post-mortem of the deceased was conducted and as per the post mortem report and observations mad