Rajasthan High Court - Jodhpur
Pushpa & Anr vs State & Anr on 12 October, 2011
Author: Sandeep Mehta
Bench: Sandeep Mehta
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. CRIMINAL MISC. PETITION NO.384/2008
Pushpa & Anr. Vs. State of Rajasthan & Anr.
Date of Order : 12 th October, 2011
HON'BLE JUSTICE SHRI SANDEEP MEHTA
Mr.NL Joshi, for the petitioners.
Mr.Anil Joshi, PP for the State.
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Heard learned counsel for the parties. This misc. petition has been filed on behalf of the petitioners challenging the order dated 11.11.2003 passed by the Judicial Magistrate, First Class, Churu in Criminal Case No.218/2003 taking cognizance against the petitioners for offences under Sections 302 and 201/34 IPC as confirmed in the revision by Sessions Judge, Churu in Criminal Revision No.179/2003 by order dated 29.2.2008.
Succinctly stated, the facts necessary for the disposal of this petition are that a first information report was filed by one Ratan Lal on 17.4.2001 at Police Station Dudwa Khara under Section 174 Cr.P.C. in which he alleged that deceased Bhim Singh had entered into the house of his brother Vinod Singh under the influence of liquor and tried to outrage the modesty of Vinod's wife. Ratan Lal has mentioned in the report that he tried to pacify Bhim Singh and also scolded him on which Bhim Singh became violent and threatened that he would continue to do as he wanted.
2It is further alleged that Bhim Singh's brother Karan Singh was called to Vinod's house and on his coming, the facts were disclosed to him also but Karan Singh also expressed his helplessness in doing anything about the conduct of Bhim Singh. After that, the first informant alleges that he went to meet the sister-in- law of Karan Singh and after talking to her, when the first informant reached to his house, he saw that Bhim Singh had hung himself after putting a noose round his neck and by hanging himself from a nail in the wall. On this report of Ratan Lal, proceedings under Section 174 Cr.P.C. were initiated and site inspection plan etc. were prepared. On the site inspection being done, it was found that the deceased was found to have hung himself from a nail firmly embedded in a wall at a height of six feet. It was also found that the deceased had used an aluminum electric wire for hanging himself from the wall. Accordingly, the conclusion of inquest proceedings under Section 174 Cr.P.C. was given that the deceased has committed suicide by hanging himself. It may be mentioned here that the post mortem report of the deceased disclosed that seminal deposition was present in the underwear of the deceased when the post mortem was conducted. It was also found that the trachea of the deceased was containing blood and mucosa and that the right chamber of heard was full of blood. The opinion regarding cause of death was given as asphyxia and venous congestion due to hanging.
During the course of enquiry, the brother of deceased namely, Karan Singh and other villagers were not satisfied with the enquiry being conducted by the 3 investigation officer and accordingly, an application was submitted to the D.I.G., Bikaner for investigating the matter for offences under Sections 302 and 201/34 I.P.C. and accordingly, the D.I.G. sent the complaint to S.P. Churu. Despite that, when no relief was forthcoming, present respondent no.2 Suresh Singh, brother of the deceased, filed a complaint in the Court of C.J.M., Churu with the allegations regarding the deceased having been done to death by the accused petitioners. The said complaint was forwarded to the police under Section 156(3) Cr.P.C. where F.I.R. No.94/2001 was registered and investigation commenced. However, the police after investigation, came to a conclusion that the deceased had entered into the house of Vinod and molested the petitioner no.1 under the influence of liquor and thereafter, the deceased himself committed suicide by hanging himself with an aluminum wire. On the F.R. being submitted, the respondent no.2 appeared before the Court and filed a protest petition on which the learned Magistrate by the impugned order dated 11.11.2003 took cognizance against the petitioners for aforesaid offences. Being aggrieved by the order taking cognizance, the petitioners filed a revision which too has been rejected by order dated 29.2.2008. Accordingly, the present misc. petition has been filed challenging the order taking cognizance.
Assailing the orders impugned, counsel for the petitioner has submitted that in this case, the police had given a F.R. in the matter after detailed investigation. It has been submitted that the medical evidence also reveals that the deceased had committed 4 suicide and as such, there was no justification for the courts below to have taken a different view and to have summoned the petitioners for the offences under Sections 302 and 201 I.P.C. It has also been submitted that looking to the fact that the deceased came into the house of the petitioners and molested the petitioner no.1 Pushpa and the villagers were called and intimated about this act of the deceased. Feeling humiliated by this exposure in front of whole of the village, the deceased committed suicide and as such, the order taking cognizance for the offences under Sections 302/34 and 201/34 I.P.C. was absolutely unjustified.
Per contra, learned public prosecutor has supported the order taking cognizance.
I have considered the arguments advanced at the bar and perused the record of the case as well as the orders impugned.
Suffice it to say that the admitted case of the petitioners is that the deceased came to their house and tried to molest the petitioner no.1 whereupon intimation was given to the relatives of the deceased as well as the villagers. The contention of the petitioners is that because of the villagers coming to know of the shameful act of the deceased, the deceased felt humiliated and committed suicide. The case of the petitioners specifically is that the deceased committed suicide by hanging himself from the nail which was embedded in the wall of the room at a height of 6 feet or so.
5Suffice it to say that the case of the petitioners regarding the nail embedded at 6 feet
being used for commission of suicide by hanging and that too by a person who was under the influence of liquor seems to be highly improbable. That apart, the symptoms noted in post mortem report also belie the story of the accused petitioners regarding the deceased having committed suicide. The existence of seminal stains in the underwear of the deceased and the presence of the blood in the right chamber of heart of disease as well as trachea of deceased are the circumstances which throw a doubt on the veracity of the report of the medical officer regarding the death of Bhim Singh being suicidal. However, if any observation is made by this Court in this regard, it is likely to prejudice the trial of the case but there are sufficient doubts and loopholes in the F.R. given by the police in this matter and as such, the conclusions arrived at by the learned trial judge as affirmed by the learned revisional court taking cognizance against the petitioners for offences under Sections 302 and 201/34 I.P.C. cannot be said to be an illegality and abuse of process of Court. There is positive material available on record which justifies the order taking cognizance.
The alternate prayer made by the counsel for the petitioners regarding conversion of warrants into bailable warrants seems to be justified for the reason that the incident has taken place in the year 2001 and the cognizance has been taken on the F.R. given by the police. Accordingly, whilst upholding the order taking cognizance against the petitioners, the order dated 6 11.11.2003 whereby they have been summoned by warrant of arrest is modified and it is hereby directed that the petitioners shall now be summoned by bailable warrants.
Resultantly, the misc. petition stands disposed of accordingly.
Stay application also stands disposed of.
(SANDEEP MEHTA),J.
S.Phophaliya/-