IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 7th DAY OF JULY, 2022 BEFORE HON’BLE MR. JUSTICE SANDEEP SHARMA CRIMINAL REVISION NO.141 of 2021 Between:-

1. MR. HARISH SHARMA, AGED ABOUT44, S/O LATE SHRI RAM LUBHAYA SHARMA, R/O WARD NO.1, VPO SAMOOR KALAN, TEHSIL AND DISTRICT UNA , HP- 174303

2. MR. SURINDER SHARMA, S/O LATE SHRI YASH PAL SHARMA, R/O H.N. 1357, WARD NO.4,VIKAS NAGAR, UNA, HP- 174303

3. MR. DEBASIS GUPTA, S/O LATE SHRI SUNIL BARAN GUPTA, R/O 202, ACHAL-2, OPP SHUKALA NAGAR WATER TANK, BEHIND UNITED COLONY SAMA, VEMAILI, VADODARA, GUJART-390008.

4. MR. KALLOL CHAKROBORTI S/O SHRI BISHNU PADA CHAKRABORTY, R/O FLAT- 906, LINCOLN-A, GRAND OMAX, SECTOR-93-b, SALARPUR, GAUTAM BUDDHA NAGAR, NOIDA, UTTAR PRADESH.

5. MR. JANESH PRANAY, S/O SHRI BASISTHA SHARMA, R/O NEW CMRI COLONY, DHANBAD, JHARKAHAND-

826004.

…...PETITIONERS (BY N.S. CHANDEL, SENIOR ADVOCATE WITH MR. VIPUL SHARDA AND MR. ANEESH J.P., ADVOCATES)

AND

1. STATE OF HIMACHAL PRADESH.

2. MR. DINESH KUMAR, S/O HARIKISHAN, R/O LOWER PANJAWAR HAROLI, UNA, HIMACHAL PRADESH-

177208.

….. RESPONDENTS (MR. NARINDER GULERIA, ADDITIONAL ADVOCATE GENERAL, FOR R-1.

MR. VIJAY CHAUDHARY, LEG AL AID COUNSEL, FOR R-

2)

Whether approved for reporting? Yes.

This petition coming on for orders this day, the Court passed the H following:

ORDER

Instant criminal revision petition filed under Section 397/401 of Cr.P.C, is directed against the order dated 25.02.2021, passed by Additional Sessions Judge (1) District Una, H.P. in Sessions Trial No. 49/2019, titled State Vs. Harish Sharma and Ors., arising out of FIR No.154/2018, dated 25.05.2018, registered at Police Station Haroli, District Una, H.P., whereby charges under Section 306 read with Section 34 IPC, came to be framed against the petitioners for their having allegedly abetted/instigated deceased Anil Kumar to co.mmit suicide.

2. Precisely, the facts of the case, as emerge from the record are that on 25.05.2018, complainant Dinesh Kumar, son of Sh. Hari Krishan, made a statement under Section 154 Cr.P.C to the police, stating therein that he is resident of Lower Panjawar Haroli and they are two brothers and one sister. Above-named person alleged that he and his brother were employed at INOX WIND Company at Basal, as Technicians. He alleuged that his brother Anil Kumar alongwith other employees of the company were not paid salary by the company for the last three months nor they had received the increments, as a consequence of which, employees of the company were on strike for the last 10 to 15 days. Complainant alleged that complaint was filed by the employees of the company with Labour Inspector, Una, who after having summoned the parties, directed H.R of the company to place a notice on the notice board of the company mentioning therein the date on which the salary to the employees shall be paid. Complainant alleged that no such notice was displayed by the company, rather management transferred four employees of the company from Una to Rajasthan. Though request was made to the company to cancel their transfer, but such request was declined, as a consequence of which, brother of the complainant Anil Kumar, started remaining mentally disturbed. Complainant alleged that on 25.05. 2018, Anil Kumar left his house for work and at about 2 P.M., consumed some poisonous substance and was found lying unconscious in Panchayat Ghar at Village Khad. Complainant alleged that his brother Anil Kumar. was forced to consume poison on account of harassment meted to him by H.R. Sharma in connivance with Kalol Chakrawarty, Deva Ashish Gupta, Jainish Gupta and Surinder Pal. On the basis of aforesaid statement recorded under Section 154 Cr.P.C, FIR sought to be quashed, came to be instituted against the petitioners. After having completed investigation, police p resented challan in the competent court of law, which vide order dated 25.02.2021, proceeded to frame charges against theu petitioners under Section 306, read with Section 34 IPC, to which they pl