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2024 Supreme(Manipur) 10

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

Advocates Appeared:
For the Petitioner: Mr. N. Mahendra, Adv.
For the Respondent: Mr. RK Umakanta, PP

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 proof.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 397; Indian Penal Code, 1860 - Sections 306, 498-A - Criminal revision petition by husband against framing of charges for abetment of suicide and cruelty - Allegations of dowry and domestic violence leading to suicide - Sufficient circumstantial evidence and witness testimonies supported the framing of charges - Test of prima facie case relied upon as per various Supreme Court judgments including Amit Kapoor v. Ramesh Chander - No material for discharge found - Revision petition dismissed. (Paras 1, 2, 12, 34)

Facts of the case:
The petitioner, husband of the deceased, challenges the order framing charges under Sections 306 and 498-A IPC related to the suicide of his wife shortly after marriage, against allegations of torture and dowry demands. Witness accounts corroborate claims of dowry harassment and domestic violence. (Paras 2, 4, 5, 6)

Findings of Court:
The court upheld that there is sufficient ground to infer the framing of charges; the trial has to proceed, focusing on whether there is a basis for presuming the commission of an offense. (Para 34)

Issues: Determining if the materials presented warranted the framing of charges under IPC, including the necessity of sufficient grounds for proceeding against the accused. (Paras 4, 9)

Ratio Decidendi: The court emphasized the principle that at the charge framing stage, all that is required is a strong suspicion, not proof beyond a reasonable doubt. References to established legal principles affirmed the necessity of proceeding with the trial based on prima facie evidence. (Paras 9, 34)

Result: Revision petition dismissed, and trial court directed to proceed with the trial.

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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