Advocates Appeared:
For the Appellant :Mr. Sangram Singh Saron, Advocate and Mr. Madhavrao Raj wade and Ms. Shubreet Kaur, Advocate
For the Respondent:Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab. Mr. Paras Talwar, Advocate

JUDGMENT :

Jasjit Singh Bedi, J.

1. The present revision petition has been preferred against the order dated 06.01.2022 passed by the Sessions Judge, Fatehgarh Sahib whereby the application filed by the petitioner/accused under Section 227 Cr.P.C. for discharging him for the offence punishable under Section 306 IPC in FIR No.253 dated 31.12.2019, Police Station Mandi Gobindgarh, District Fatehgarh Sahib has been dismissed.

2. The brief facts of the case are that one Dheeraj @ Happy consumed poison on the night of 30.11.2019. His wife Tarundeep Kaur got recorded a GD No.30 dated 01.12.2019 stating that her husband had been ill for about a week. She had been told by her mother-in-law on the phone that she (Tarundeep Kaur) should return back as her husband was very sick and was being taken to the doctor for treatment. When she returned back and went to Apollo Hospital, Ludhiana she came to know that her husband had initially been taken to Khanna Nursing Home, Khanna from where he had been referred to Dayanand Hospital, Ludhiana. However, as the condition of her husband was serious, he had been to Apollo Hospital, Ludhiana where he was brought dead. The incident had taken place because her husband had been ill for many days. No one was to be blamed and they did not wish to initiate any legal proceedings against anyone. The copy of the GD No.30 dated 01.12.2019 is attached as Annexure P-1 to the petition.

3. The inquest report was prepared wherein it was recorded that there was no foul play in the death of the deceased and the cause of death was described as natural. The copy of the Inquest Report is attached as Annexure P-2 to the petition.

4. During the inquest proceedings, the joint statement of Tarundeep Kaur (wife), Neeraj (brother) and other persons, was recorded along with the statement under Section 175 Cr.P.C. of Neeraj Kumar as per which no one was to be blamed for the sudden and natural death of the deceased who used to remain ill. The copy of the joint statement and the statement recorded under Section 175 Cr.P.C. are attached as Annexures P-4 and P-5 to the petition.

5. After a delay of 8 days, a complaint dated 09.12.2019 was made by the mother of the deceased to the concerned police officials as per which the petitioner herein and the deceased had a joint business of sale and purchase of cars since long. Initially, no suspicion was raised on anyone on account of the death of the deceased. However, later, on the examination of the body of the deceased a handwritten suicide note had been found and his phone contained audio and video recordings as per which it was the petitioner who was harassing the deceased because of which he had committed suicide. Based on the said complaint, an inquiry took place leading to the registration of the FIR No.253 dated 31.12.2019. The translated version of the complaint dated 09.12.2019 culminating in an FIR No.253 dated 31.12.2019 under Section 306 IPC, Police Station Mandi Gobindgarh, District Fatehgarh Sahib is reproduced herein below:-

"That at this time a complaint No.4640-Peshi dated 09.12.2019 moved by Kami a Devi wife of Sh. Jagmohan Lal, r/o House No.222, Sector 20, Block- C, Subhash Nagar, Mandi Gobindgarh was received at the police station by post (DAK) through Hon'ble Deputy Superintendent of Police, Circle Amloh, District Fatehgarh Sahib, contents of which are as under:- To Hon'ble SSP District Fatehgarh Sahib. Subject: Complaint against Sandeep Kumar @ Sunny s/o Ganesh Chand r/o House No.227-A, Sector 21, Block B, Gandhi Nagar, opposite Shiv Mandir, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib for initiating appropriate legal proceeding for killing Dheeraj @ Happy son of complainant by harassing him mentally. Sir, It is submitted that I, Kamla Devi wife of Sh. Jagmohan Lal, am resident of House No.222, Sector 20, Block-C, Subhash Nagar, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib and I am an old aged lady of 65 years. I would like to bring to your kind no