ORDER

1. The present criminal revision petition has been preferred by the revisionist under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. It seeks the intervention of this Court to examine the legality and propriety of the proceedings conducted by the subordinate court.

2. The primary challenge in this petition is directed against the impugned order dated 14.11.2022, which was passed by the learned Sessions Judge, District Indore, in the matter of Session Trial No. 834/2022. The revisionist is the aggrieved party challenging the relief granted to the private respondents. Vide the aforementioned impugned order, the learned trial Court has discharged respondent No.1 and 2 from the serious charges framed against them under Section 306 read with Section 34 of the Indian Penal Code (IPC). The revisionist seeks to set aside this order of discharge.

FACTS IN BRIEF

3. As per the prosecution case, on the date of 11.06.2018, Marg No.46/2018 was formally registered at Police Station Khudel, Indore, Madhya Pradesh. This registration was initiated immediately on the basis of the initial information received from the brother of the deceased. The informant, Sparsh, reported the tragic news that his sister, had passed away due to the administration of an anesthetic injection from a bottle. At the time of the incident, the deceased was actively pursuing her Doctor of Medicine (M.D.) degree from Index Medical College, Indore.

4. The brother of the deceased had received this devastating information through a phone call made by the deceased’s batch-mate, Dr.Prakhar Gupta. Upon receiving the news, the brother along with their parents immediately rushed from Bhopal to the college premises in Indore. Upon arriving at Room No.210, P.G. Residency Basera building, Index Medical College, to their utter shock and dismay, they discovered that the deceased had a bottle in her left hand and had already passed away. Following the investigation, an FIR was registered on 07.07.2018 against the accused under Section 306/34 of IPC.

5. Following the initial inquiry, a First Information Report was registered on 07.07.2018 against the accused Suresh Bhadoria and Dr.K.K. Khan. Upon the formal completion of the police investigation, the charge sheet was subsequently filed before the competent court. The prosecution case fundamentally relied upon the deceased woman’s suicide note and the statements of witnesses. These specific documents and testimonies were utilized as the primary grounds for charging the accused individuals in the present criminal case. The deceased’s suicide note specifically alleges that she committed suicide because the accused persons arbitrarily demanded excessive fees. Furthermore, the note asserts that she was subjected to severe mistreatment and was continuously tortured by the management and the department head. Specifically, the accused, Suresh Bhadauria, who is the chairman of Mayank Welfare Society, and Dr.K.K. Khan, the head of the department, were alleged to have actively harassed her. This continuous harassment allegedly led the deceased to take the extreme step of ending her life.

6. The matter subsequently progressed to the Session Court for the framing of charges. However, after hearing the arguments advanced by both parties, the learned Trial Court passed the impugned order on 14.11.2022, erroneously discharging the accused, which has led to the filing of this revision.

CONTENTIONS OF THE REVISIONIST

7. The learned counsel for the revisionist vehemently contends that the impugned order of the learned trial Court is entirely contrary to the established law and the facts available on record. It is argued that the order is neither legal nor proper, nor correct in its appreciation of the material. It is submitted that Respondents 1 and 2 had a direct and undeniable role in inciting the deceased to commit suicide. The revisionist claims that the accused co