“Reportable”

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1291 OF 2008

Madan Mohan Singh

… Appellant

Versus

State of Gujarat & Anr.

… Respondents

WITH

CRLMP NO. 12749 OF 2008

J U D G M E N T

V.S. SIRPURKAR, J.

1.

The accused who faces prosecution for offences under Section

306 and 294(b) of the Indian Penal Code (IPC) comes up before us

being aggrieved by the High Court judgment by which his petition

under Section 482 Cr.P.C. was dismissed. In that petition the

accused/appellant had challenged the First Information Report (FIR)

registered as C.R. No. 166 of 2008 at Naranpura Police Station.

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2.

The said FIR is a long document which has been filed by one

Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent

from the said report that she was married to Deepakbhai Krishnalal

Joshi serving in Ahmedabad Bharat Sanchar Nigam Ltd. as a driver

in the Microwave Project Department. He had undergone a heart

bypass surgery in the year 2002 and he was asked by the doctor to

avoid lifting heavy weights. She further stated that the appellant,

Madan Mohan Singh was working as a D.E.T. and her husband who

was driving a Tata Sumo car was working under Madan Mohan Singh

(accused herein). She then complained that Madan Mohan Singh

used to tell his private errands to her husband and was harassing

him. Though Madan Mohan Singh was transferred, yet he kept on

continuously using her husband. In the year 2007, Madam Mohan

Singh came back on transfer in the Microwave Project as D.E.T. It is

alleged that on the day when Madan Mohan Singh joined, he told her

husband to keep the keys of the vehicle on the table. However,

according to her, her husband did not listen to that and took back the

key on account of which Madan Mohan Singh had become angry and

had threatened her husband of suspending him. He also rebuked her

husband that if he did not listen to him, he would create difficulties for

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her husband. Madan Mohan Singh said to her husband as how he is

still alive inspite of the insults. It is then contended that on 21.2.2008,

her husband left at 10’O Clock as per rules with tiffin but did not

return back in the evening and, therefore, his search was taken by his

son Jatin from his colleagues like Raji Saheb and his absence was

reported to the police on 22.2.2008 and 23.2.2008. Ultimately, she

came to know that her husband’s body was lying in the dead

condition in the vehicle No. GJ 1 G 3472 at Kiran Park opposite

Gayatri Hospital, New Vadaj. She also suggested further that a

telephone call had come from Gujarat High Court informing her that

there was a Xerox copy of the suicide note. Lastly, it is stated that

during the period between 2003 to 21.2.2008 the Head of the

department D.E.T. Project was entrusting his house work to her

husband but her husband had not done the work entrusted to him

and, therefore, he had bias against her husband and insulted him in

front of the staff several times and because of this her husband got

depressed and committed suicide.

3.

This First Information Report was filed and registered on

17.3.2008 i.e. after the 24 days of the death of her husband. It is this

report which is challenged suggesting that even if the whole report is

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accepted as it is, it did not disclose any offence much less the

offences under Sections 306 and 294, IPC. Since, the Gujarat High

Court did not agree and dismissed the petition; the appellant is before

us now.

4.

Shri K.T.S. Tulsi, learned Senior Advocate took us through the

FIR in which there is reference to a suicide note allegedly written by

the deceased, a Xerox copy of which was produced by the

complainant. The copy of that suicide note was filed before us. It

seems to be a letter dated 4.2.2008 written to the Chief General

Manager, Telecom Project. It is a huge complaint in which the

inci