Himachal Pradesh High Court
Rajni Bala Alias Priya & Others vs State Of H.P. & Another on 16 December, 2017
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 86 of 2016.
Reserved on:30th November, 2017.
.
Date of Decision: 16th December, 2017.
Rajni Bala alias Priya & others .....Petitioners.
Versus State of H.P. & another ....Respondents.
Coram r
The Hon'ble Mr. Justice Sureshwar Thakur,
Judge.
Whether approved for reporting? Yes.
For the petitioner: Mr. T.S. Chauhan, Advocate. For respondent No.1: Mr. R.S. Thakur, Addl.
A.G. For respondent No.2: Mr. Ajay Sharma, Advocate.
Sureshwar Thakur, Judge.
The petitioners, through, the instant petition cast under the provisions of 482 of the Cr.P.C., pray for quashing of proceedings pending before the learned Addl. Sessions Judge, Ghumarwin, proceedings whereof are launched in pursuance to FIR No. 122 of ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 2 2013, embodying therein offences constituted under Sections 306/504 read with Section 34 of the IPC. The aforesaid FIR is lodged at Police Station Kot Kahloor, .
District Bilaspur, H.P.
2. During the course of the Investigating Officer concerned, holding, investigations qua the offences borne in the aforesaid FIR, he collected a suicide note purportedly authored by deceased Vishal Kumar. The FSL concerned, on receiving the suicide note, of, deceased Vishal Kumar, compared all the scribings occurring therein, with the admitted handwritings/scribings of deceased Vishal Kumar, whereafter, it purveyed an opinion of all the scribings borne in the purported suicide note, of, Vishal Kumar, bearing affinity with his admitted scribings/handwritings. The aforesaid affirmative opinion recorded by the FSL concerned, tritely, of deceased Vishal Kumar authoring the suicide note, obviously, renders it to constitute along with other evidence collected, by the Investigating Officer concerned, a firm pivotal inculpatory piece of evidence vis-a-vis the accused/petitioners herein.
::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 33. However, the learned counsel appearing, for the petitioner herein, has, with much vigour and fervor canvassed, (i) that continuation of criminal .
proceedings against the accused/petitioners tantamounting to abuse of processes of law and also would entail upon them avoidable harassment and humiliation. (ii) He proceeds to contend that hence the prayer made in the petition be accepted by this Court.
Moreover, the aforesaid submissions addressed before this Court by the learned counsel appearing for the petitioner, rests, upon the suicide note made by deceased Vishal Kumar, per se, not constituting any befitting potent incriminatory evidence vis-a-vis the accused. He has also made an espousal before this Court that upon a reading of the contents, of, the suicide note, (iii) the imperative ingredients, for constituting an offence under Section 306 of the IPC, not, making their upsurging(s), especially (iv) of the accused/petitioners carrying any relevant mens rea in their mind, of, theirs goading and inciting the deceased, to commit suicide and (v) the purported inculpatory allegations echoed by deceased Vishal ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 4 Kumar, in his suicide note also not being construable to be holding sufficient potency for making any conclusion of theirs actuating the deceased to commit .
suicide, rather the allegations carried therein being a sequel of a hyper sensitive psyche,of, its author, rendering them to be hence discountenanced by this Court.
4. The learned counsel appearing for the petitioners, has, in making the aforesaid submissions, relied, upon, a verdict rendered on 24.07.2017, by a co-ordinate Bench of this Court in Cr. Revision No.324 of 2016, titled as Shyam Lal Negi versus State of H.P., wherein, this Court has accepted the prayer made therein, for, dispelling the vigour of the thereat suicide note, hence, he contends that this Court alike therewith, also dispel the probative vigour, of the suicide note of one Vishal Kumar. He has also placed reliance, upon, a decision of the Hon'ble Apex Court rendered in a case titled as Sanju alias Sanjay Singh Sengar v. State of Madhya Pradesh, AIR 2002 SC 1998, wherein, the Hon'ble Apex Court, had ousted from consideration, the suicide note, of, the ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 5 declarant AND had proceeded to accept the prayer, for quashing of charge sheet framed against the accused therein. Lastly, he has placed reliance, upon, .
a judgment of the Hon'ble Apex Court, rendered, in a case titled as S.S. Chheena v. Vijay Kumar Mahajan and another, (2010)12 SCC 190, wherein, the Hon'ble Apex Court had discountenanced, the probative vigour of the suicide note made by the declarant therein AND had proceeded to accept the prayer, for, quashing of the charge framed against the accused therein.
5. As aforestated, the FSL concerned, in its report, has purveyed an opinion of deceased Vishal Kumar authoring the apposite suicide note. A suicide note, falls within the domain of a dying declaration.
Section 32 of the Indian Evidence Act, therein contemplates qua evidentiary vigour(s) thereof AND the gravity/probative sanctity(ies) being imputable vis-
a-vis, a, dying declaration. A catena of decisions rendered by the Hon'ble Apex Court, upon, the evidentiary probative worth of dying declaration(s), consistently expostulate, of it, holding a sombre, ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 6 grave solemnity, (i) given its making, occurring in close proximity of its maker, taking the ultimate step(s), of, his ending his life, (ii) his hence being .
actuated by excruciating tormentings heaped upon his psyche, by penal misdemeanors and ill-demeanors, of, persons named in the dying declaration. The coordinate Bench of this Court, while rendering a verdict, in Shyam Lal Negi's case (supra), had, evaluated the r probative vigour of the dying declaration therein, by its also making a closest scrutiny of all circumstances attending its making AND, of, thereafter the declarant committing suicide, hence it made a conclusion, of, the incriminatory allegations embodied, being not construable to satiate the apposite penal ingredients, (a) of, theirs comprising the befitting instigations or actuations by the accused therein vis-a-vis the deceased declarant therein, for thereupon the deceased being incited to commit suicide; (b) there being improximity inter se its making vis-a-vis the ill act of the declarant committing suicide. Significantly, hence the afore referred verdict is applicable singularly vis-a-vis the ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 7 factual matrix prevalent therein, it does not disable this Court, to, for hereinafter assigned reasons, hence take a contradistinct view therefrom. Moreover, the .
Hon'ble Apex Court, in its decision rendered in Sanju's case (supra), wherein it dispelled the vigour of the dying declaration existing before it, had anvilled its reasoning upon the factum of (a) the declarant therein feeling tormented by threatenings meted to him by the persons named therein, of, the declarant therein raising dowry demand and his psyche being thereupon also hence standing heaped with agony, (b) arising, from threatenings meted vis-a-vis the accused, for, implicating him and his family members, in a false case. Contradistinctively, hereat, the readings, of the dying declaration of deceased Vishal Kumar, (c) does not unfold, of the latter under pressure, of threatenings being meted vis-a-vis him, by the accused, for his being falsely implicated in a criminal case, thereupon, his proceeding to therein ascribe incriminatory allegations vis-a-vis the accused/petitioners. Since, the Hon'ble Apex Court in the afore referred judgment, appears, to benumb the ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 8 vigour of the dying declaration, made, by the declarant therein, merely, on anvil of threatenings meted vis-a-vis the declarant therein, by the accused .
therein, for falsely implicating the deceased therein, not being amenable for rearing any inference therefrom, of, the accused therein carrying any mens rea, for instigating or actuating the declarant therein to commit suicide, (c) rather it appears of the Hon'ble Apex Court, in dispelling, the vigour of the suicide note therein, had squarely rested its reason upon, the score of the declarant therein, for, sparing himself, from the agony of facing criminal proceedings, his, hence rather taking to falsely implicate the accused therein.
Contrarily, a closest reading, of the suicide note of Vishal Kumar, omits to make any echoings therein, of his, for sparing himself from or for avoiding his facing criminal proceedings, his taking to ascribe penally inculpable allegations vis-a-vis the accused/petitioners herein. Sequel, whereof is (i) of the verdict rendered by the Hon'ble Apex Court in Sanju's case (supra), remaining singularly confined vis-a-vis the contents of the suicide note therein, besides attending therewith ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 9 evidentiary material, hence, existing on record(s) appertaining thereto, (ii) hence, its verdict, does not, omnibusly declare any binding precedent, of, suicide .
note when within the domain of Section 32 of the Indian Evidence Act, is hence construable to be a dying declaration, also when it carries, a gravest evidentiary solemnity, it, not holding any probative tenacity nor its comprising formidable evidentiary material, for ensuring the accused named r therein, being convicted, for the charge framed against them under Sections 306/504 of the IPC.
6. Likwise the decision recorded by the Hon'ble Apex Court in S.S. Chheena's case (supra), wherein, it dispelled the vigour of the suicide note, of, the declarant therein, apparently, on anvil of the declarant therein, (I) merely for, escaping the hardship(s) of facing trial, his proceeding to therein make a declaration, wherein, he inculpated the accused named therein. Consequently the verdict rendered by the Hon'ble Apex Court in S.S. Chheena's case (supra), is, also obviously distinguishable vis-a-vis the contents of the suicide note hereat, authoredby the ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 10 declarant herein, (ii) thereupon, the decision rendered by the Hon'ble Apex Court in S.S. Chheena's case (supra), is also not a binding precedent, for making .
any conclusion of therein, any rigorous legal interdiction being cast against the High Courts, to, dispel evidentiary worth, of a dying declaration nor it propounds any rigorous legal expostulation, of, High Courts when seized with a petition, cast under Section 482 of the Cr.P.C., theirs, on anvil of its verdict rendered in S.S. Chheena's case (supra), verdict whereof is singularly confined to the Hon'ble Apex Court, readings of the contents of the dying declaration therein, theirs alike Sanju's case (supra), hence, disimputing solemnity vis-a-vis a dying declaration, AND hence quashing proceedings launched on its anvil, against the relevant accused.
7. With this Court, distinguishing all the aforesaid judgment(s), besides its recording a firm inference, of the verdicts aforesaid, not, encapsulating any binding firm principle of law, of, High Courts, upon being seized with a petition cast under Section 482 of the Cr.P.C., (i) theirs discarding the probative vigour, ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 11 of, dying declaration, rather the verdicts supra, being confined vis-a-vis the recitals of thereat apt dying declaration(s), wherewith the Hon'ble Apex Court .
stood seized, (ii) imperatively rather also the appraisal(s), of, the dying declaration(s) by the Hon'ble Apex Court in the aforesaid decision(s) being exclusive thereto, (iii) thereupon, this Court is enjoined, to, read the contents of the dying declaration, made, by one Vishal Kumar, for hence its making a conclusion, of, its satiating the trite ingredients, of, the deceased being sufficiently actuated or instigated, to take the extreme step, of, his committing suicide. A closest reading, of, the contents, of, the dying declaration, made, by one Vishal Kumar, unfolds, of enumerated therein, penal ascriptions, made by its author, upon each of the accused, (iv) being extremely sensitive in nature also all ascription(s) vis-a-vis the accused, causing deep inroads into his psyche, (v) rendering him to undergo a perennial state, of excruciating mental tormentings.
Given the sensitivity of the allegations ascribed in the suicide note, by its, declarant vis-a-vis the accused ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 12 therein also given the perenniality, of effects, of, tormentings besetting the psyche of the deceased, (vi) inevitable ensuing sequel therefrom, is, with the .
suicide note enjoying the gravest evidentiary worth,
(vii) thereupon, prima facie, it cannot at this stage be subjected to an incisive scrutiny, for dispelling its vigour, nor it would be appropriate, at this state to conclude, of the allegations reared therein against the accused/petitioners herein, not falling within, the statutory ingredients of the accused, not, hence instigating or actuating the deceased, to take the extreme step, of, his ending his life. Moreover, all the attending circumstances, in connection therewith comprised, in the previously recorded statements, of, the prosecution witnesses are also incidental besides supplemental pieces of evidence AND are also corroborative evidence vis-a-vis the contents, of, the dying declaration, (viii) thereupon, when the testifications of all the prosecution witnesses, are to yet undergo the rigour of their evidentiary worth, being scrutinized by the Court concerned, (ix) thereupon, at this stage, it would not be appropriate to ::: Downloaded on - 21/12/2017 23:02:11 :::HCHP 13 make any conclusion, of, continuation of criminal proceedings, against, the accused tantamounting to abuse of processes of law or hence sequelling .
befallment of humiliation and harassment upon the accused/petitioners herein. (x) Conspicuously when the probative vigour of all the prosecution evidence, is yet to be evaluated AND when evaluation thereof, by this Court at this stage, would not be a befitting exercise,given it prejudging prosecution evidence, moreso, when prima facie, the ingredients, of the offences ascribed vis-a-vis the accused, cannot, at this stage, be concluded to remain wholly unestablished.
8. For the foregoing reasons, there is not merit in the instant petition and it is dismissed accordingly.
The parties are directed to appear before the learned trial Court on 9th January, 2018. No costs. All pending applications also stand disposed off. Records be sent back forthwith.
(Sureshwar Thakur)
16 th
December, 2017 Judge.
(jai)
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