IN THE HIGH COURT OF MANIPUR AT IMPHAL
Siddharth Mridul, C.J.
R. Maringchan Maring - Petitioner
Versus
The State of Manipur - Respondent
Cril. Rev. P. No. 2 of 2017
Decided On : 22-04-2024
| Table of Content |
|---|
| 1. facts of the case leading to revision petition. (Para 1 , 2) |
| 2. arguments presented by both parties regarding framing of charges. (Para 5 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's reasoning and applicable legal standards on framing of charges. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. conclusion dismissing the revision petition. (Para 36 , 37 , 38) |
JUDGMENT :
Siddharth Mridul, C.J.
1. The present criminal revision petition, instituted by R. Maringchan Maring (hereinafter referred to as Revisionist), under the provision of Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), seeks to assail the order dated 12.02.2016 rendered by the learned Sessions Judge, Thoubal, Manipur, in Sessions Trial Case No. 4/2015 arising out of FIR No. 34(3) 2014 Kakching Police Station under Section 306 /498- A/34 IPC whereby the charges under the aforementioned sections were directed to be framed against him.
2. The facts, as are necessary for the adjudication of the controversy in the present case in the proper perspective are briefly encapsulated as follows :
a) that admittedly, Smt. Salam Ichal Devi (hereinafter referred to as the deceased) who was the daughter of Sapam Tomba Singh (hereinafter referred to as the complainant) was married to the Revisionist in the month of December, 2013; who allegedly, received a sum of Rs. 30,000/- (rupees thirty thousand) as dowry;
b) that on the 7th of March, 2014, at about 7:30 p.m., the complainant filed a petition with the O.C., PS Kakching, to the effect that, on the same day, at about 6:30 p.m., his daughter (the deceased wife of the Revisionist) had committed suicide by hanging with a rope inside her bedroom of her husband’s house at Koijam Village;
c) that the complainant clearly and unequivocally asserted that, immediately after his son-in-law, the Revisionist, gave him the news that the deceased had died by hanging in her bedroom, he went there and inspected the same and found that his daughter had in fact died by hanging;
d) the complainant thereupon, made a report to Kakching Police Station, in connection with the death of his daughter, seeking further enquiry in to the matter, as above stated;
e) A U.D. Case No. 2/2014 KCG PS dated 7th March, 2014 was taken up and investigated by the I.O. of the case Sub-Inspector S. Rishikanta Singh of Kakching Police Station;
f) During the investigation, it was revealed that the dead body of the victim, was found lying on her bed having been taken down by the revisionist along with his family members;
g) In view of the circumstances, since foul play was suspected, a regular case, FIR No. 34(3)2014 KCG PS u/s 306/498-A/34 IPC was registered and endorsed to the said I.O. for further investigation;
h) The said I.O. examined 21 witnesses;
i) Subsequently, the case was transferred to the SDPO P. Tenden Singh, the second I.O., and he examined 3 (three) more witnesses;
j) It is the Prosecution’s case that during their interrogation, the Revisionist and his co- accused R. James Maring, the former’s father, allegedly admitted to their involvement in the crime;
k) It is further the Prosecution’s case that there was sufficient circumstantial evidence to link the accused persons to the aforesaid stated crime;
l) In this behalf, it is asseverated on behalf of the Prosecution that, the statements of the neighbours clearly revealed that they heard frequent quarrels between the deceased and the accused persons;
m) The neighbours collectively interalia stated that, after quarrelling with her husband, the Revisionist, the victim left for her parental home and narrated the whole story of her torture by her husband, after consuming intoxicating drugs as well as by her father-in-law;
n) The victim also narrated to her parents and neighbouring villagers that, she was beaten by her husband causing injury on her abdomen and resulting in miscarriage of her pregnancy and profuse bleeding;
o) The statements further more reflected t
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The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
The trial court's jurisdiction is limited, and it should not unduly interfere, and the exercise of revisional jurisdiction itself should not lead to injustice ex facie.
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
At the initial stage of deciding whether the accused ought to be discharged, the truth, veracity, and effect of the evidence are not to be meticulously judged. The accused has no right to produce any....
The court upheld the presumption of abetment of suicide under Section 113-A of the Evidence Act, affirming sufficient grounds for framing charges of cruelty and abetment against the petitioners.
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