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2019 Supreme(J&K) 464
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Sanjay Kumar Gupta, J.
Ram Singh - Appellants
Vs.
State of J&K and Ors. - Respondent
CRTA No. 36/2018 and IA No. 1/2018
Decided On : 26-04-2019
For the Appellant :G.S. Thakur, Advocate
For the Respondents: Jamrodh Singh, GA
Headnote:
Constitution of India,1950 – Article 21 – Criminal Procedure Code,1973 – Section 306/34,309 and 526 – Ranbir Penal Code,1932 – Section 279/337,304-A,306 and 177 to 184 - Committed suicide - Harassment - In petition, it has been stated that petitioner is the father of deceased who committed suicide because of harassment being meted out to him in hands of accused/respondent - It has been further stated that son of the petitioner was married with accused and accused Nos. 3 & 4 are parents in law of deceased; that relationship between the deceased and accused were hostile that accused/wife who was pursuing her M.Sc. in Zoology from Central University, Dehradun and after higher education deserted son of petitioner and left matrimonial house without informing him; that deceased made numerous efforts to bring back accused so as to live as husband and wife but behavior of deceased was so aggravated which made deceased to commit suicide; that Police Station, pursuant to committing of suicide by deceased registered an FIR alleging therein that one Car, which was being driven by one in a rash and negligent manner, had met with an accident thus FIR for offence under Section 279/337 RPC was registered and investigation was taken up by In charge Police Post, who visited spot where he found that driver of the vehicle, had already succumbed to injuries, so offence under Section 304-A RPC was added - deceased informed his relatives and friends that he is going to his in-law's house to make a last attempt to bring his wife along with baby daughter back to matrimonial home and in case he failed this time in his attempt he will finish himself by rolling down his vehicle in the evening, the wife of the deceased and his parents in law again tortured deceased and his wife was not permitted to accompany him by his parents in law, have instigated and abetted deceased for committing suicide, thus the offence under Section 306 RPC was found proved - Whether shifting is necessary or not – Held, State has filed objections wherein except narrating factual matrix of the petition, has not taken any substantial defense - Court have considered rival contentions of learned counsel for the parties and perused the scanned record - From bare perusal of this section, it is evident that High court has power to transfer criminal case from one Sessions Division to another Sessions Division on various grounds prescribed in this section - However, generally when application is made by a party to criminal court, it can be transferred on the grounds that a fair and impartial inquiry or trial cannot be held in any subordinate criminal court; that is for the general convenience of parties or witnesses - Therefore, court think it appropriate that copies of judgment be sent to the learned Chief Justices of all High Courts for circulating the same among learned trial Judges with a command to follow principles relating to trial in a requisite manner and not to defer the cross-examination of a witness at their pleasure or at the leisure of the defense counsel, for it eventually makes trial an apology for trial and compels whole society to suffer chicanery - Let it be remembered that law cannot allowed to be lonely – Order accordingly.
ORDER :
Sanjay Kumar Gupta, J.
1. Through the medium of instant petition filed under Section 526 Cr.P.C., the petitioner inter alia seeks transfer of criminal challan in FIR No. 16/2018 for the commission of offence under Sections 306/34 RPC, titled State v/s Milap Chand and others, pending trial in the court of Principal District and Sessions Judge, Ramban to any other court of competent jurisdiction at Jammu.
2. In the petition, it has been stated that the petitioner is the father of deceased Pankaj Singh, who committed suicide because of the harassment being meted out to him in the hands of accused/respondent Nos. 2 to 4 herein. It has been further stated that son of the petitioner was married with accused No. 2 in the year 2013 and accused Nos. 3 & 4 are parents in law of the deceased; that relationship between the deceased and accused No. 1 were hostile after 2015; that accused/wife Pushpa Devi, who was pursuing her M.Sc. in Zoology from Central University, Dehradun and after higher education deserted the son of the petitioner and left the matrimonial house without informing him; that deceased made numerous efforts to bring back the accused No. 1 so as to live as husband and wife but the behavior of the deceased was so aggravated which made the deceased to commit suicide; that Police Station, Ramsoo pursuant to committing of suicide by the deceased on 23.03.2018 registered an FIR alleging therein that one Swift Dzire Car bearing Registration No. JK02B-8289, which was being driven by Pankaj Singh S/o. Ram Singh R/o Dessa Doda from Kot Pogal towards Ukhral, in a rash and negligent manner, had met with an accident at Shalgarh, at about 11.15 am, thus FIR No. 16/2018 for offence under Section 279/337 RPC was registered and the investigation was taken up by Incharge Police Post Ukhral, who visited the spot where he found that the driver of the vehicle, Pankaj Singh had already succumbed to injuries, so the offence under Section 304-A RPC was added. During course of investigation, it came in light that the said incident was not an accident, but was a suicide committed by the deceased thus a SIT was constituted to investigate the case, which recorded the statements of various witnesses and also collected all other material evidence in the case. In the course of investigation, it was established that the deceased Pankaj Singh, who was married to Pushpa Devi daughter of Milap Chand, in the month of October, 2013 had some matrimonial dispute with his wife and parents in law. The wife of the deceased and his parents in law, were always taunting and torturing the deceased for his law academic qualification; that a female child was born in the month of September, 2017 but even thereafter the things did not improve; that despite various attempts on part of the deceased to bring respondent No. 2 and the minor daughter back to their home, the same did not happen, which had mentally frustrated the deceased to such a level which compelled him to commit suicide; that on 22.03.2018 the deceased informed his relatives and friends that he is going to his in-law's house at Pogal to make a last attempt to bring his wife along with baby daughter back to matrimonial home and in case he failed this time in his attempt he will finish himself by rolling down his vehicle in a gorge; that on 22.03.2018 in the evening, the wife of the deceased and his parents in law again tortured the deceased and his wife was not permitted to accompany him by his parents in law, therefore, have instigated and abetted the deceased for committing suicide, thus the offence under Section 306 RPC was found proved.
3. It has been further stated that after presentation of the challan before the competent court of law, the public prosecutor who has to conduct the trial on behalf of the State before the trial court is the first cousin brother of the accused Dharmi Devi and brother in law of the accused/respondent No. 3, therefore, the petitioner being the father of the deceased and
