Document Fragment View

Matching Fragments

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that FIR as well as statements of the witnesses clearly indicates that by threatening the deceased to falsely implicate in a false case of rape, the applicants had created a situation where the deceased was left with no other option but to put an end to his life. Taunting and humiliation at the hands of the applicants was not the singular event but it was a continuous torture. Even it is clear from the statements of the witnesses that the deceased was under the continuous threat given by applicant No.1 for falsely implicating him in a case of rape and eve teasing and when the threatening was to the extent of demeaning and destroying his self esteem, then it would amount to abetment of suicide. To buttress their contention, the counsel for respondents has relied upon the judgment passed by the Supreme Court in the case of UDE Singh and Others Vs. State of Haryana reported in the AIR 2019 Supreme Court 4570.

22. According to prosecution case, the deceased committed suicide after leaving his suicide note alleging the he is fed up with the cases, which are pending in the Court and his neighbours Dr. Shivani Nishad, her mother Rani Nishad, Kailas Nandanawar, Anita Nandanwar, Tijan Bai had lodged multiple cases against the deceased and his mother on false pretext and has spoiled his career. He went to Indore after mortgaging his house for coaching purposes so that he can serve the family after getting some job but on account of cases, which have been registered against him, neither he is able to concentrate on his studies nor he is residing in his house. Reason for residing in Bamhani Banjar is that applicant No.1 Shivani Didi is threatening that they should leave the colony after selling the house otherwise she would falsely implicate him in the case of rape and eve teasing and would send him to jail. Because of this threat he is so afraid that it has become difficult for him to live. Whenever, he went to the Police Station to lodge report against the applicants, then Shailesh Gautam and Maate, who are known to Shivani Didi and are posted as Constable did not register the case as a result he is very upset. He is in Bamhani, whereas the accused are always fighting with his mother and try to assault her and therefore, he tried to alienate his house but even the same could not be done. The condition of the family is not good. Money is being spent in the cases pending in the Court. On account of so much of harassment by his neighbours he has lost his strength to tolerate the same and therefore, his will power has come to an end. The God will never forgive these persons. These persons are the murders and on account of their activities, he has reached to such state. Even after his death if these persons are not satisfied, then it is not known that what they will do to his family. Accordingly a request was made to the Court, Government and Police that a severe punishment should be given to these persons specifically Shivani Nishad and Kailash Nandanwar. He also tendered his apology to his mother for leaving her in the mid way. He also claimed that he himself was weak and instead of fighting, he is running away from his life. He also requested that she should not cry on his death.

28. Shanti Ahuja has stated that she had lost her elder son, when he was aged about 3 years, whereas her younger son Chandra Shekhar @ Pawan Ahuja was residing in Indore in connection with his studies. Her dispute with the applicants, Tijan Bai, Kailash Nandanwar and his wife Anita is going on for the last 10 years on the question of dumping garbage in the drain situated in front of the house. In the year 2020 also they had some dispute and accordingly she had lodged report in Police Station Kotwali, District Balaghat against Kailash Nandanwar and his wife Anita and on that account these persons had lodged two reports in one day against Shanti Ahuja and her son Chandra Shekhar @ Pawan Ahuja. It was further stated that her son Chandra Shekhar @ Pawan Ahuja was not involved in the dispute but his name was falsely implicated to harass him. In the month of July, 2022 her son came to Balaghat, then Kailash Nandanwar and Anita Nandanwar shifted to other place but in spite of that they used to visit their house. All the five persons, namely the applicants, Tijanbai, Kailash Nandanwar and Anita used to threat her son Chandra Shekhar @ Pawan Ahuja that they would spoil his career. These persons were passing taunts against her as well as against her son on daily basis. They were alleging that Smt. Shanti Ahuja and her son Chandra Shekhar @ Pawan Ahuja are shameless persons, who are not getting adversely effected on account of registration of FIR. They were also alleging that if they would have faced such a situation, then they would have died. On various occasions, applicant No.1 had given a threat to falsely implicate in a case of rape. As a result her son was very depressed. He was saying to his father that the neighbours are not stopping their activities. Thereafter, her husband persuaded his son and took him to Bamhani, District Mandla in the month of October, 2022. In the meanwhile, on 28.11.2022 both the applicants had a dispute with Shanti Ahuja on the question of dumping of garbage. Then she narrated the incident to her son on phone. Her son Chandra Shekhar replied that she should lodge a report and accordingly, she went to Police Station to lodge the report. On 8.12.2022 her son came back to Balaghat and he was very depressed and down-hearted. He was saying that on the false allegations multiple cases have been registered, which is haunting him all the time. Even applicant No.1 is extending a threat to falsely implicate him in a case of rape. Then she tried to encourage her son that nothing will happen and with passage of time, the things will improve. On the next day, he went back to Bamhani. In the meanwhile, on 17.12.2022, her husband came to Balaghat and informed that very soon they will alienate the house and will get rid of all the difficulties because deceased Chandra Shekhar @ Pawan is very upset, then she requested her husband to take care of Pawan. Her husband went to Bamhani on 20.12.2022 and informed her that the deceased has committed suicide. Thereafter, this witness went to Bamhani along with Anees Bhai and other family members. Police had already reached. Accordingly, it was alleged that her son Chandra Shekhar has committed suicide on account of false case as well as a threat to falsely implicate him in a case of rape. For that the applicants, Tijan Bai, Kailash Nandanwar and his wife Anita are responsible. All the time her son was saying that he is making preparation for PSC and they have spoiled his career by lodging the report and now he would not be able to get any job and on that issue he was under constant pressure. Similar allegations have been made by the other witnesses.

29. If the statement of Smt.Shanti Ahuja is considered in the light of judgment passed by the Supreme Court in the case of UDE Singh (supra), then it is clear that the deceased, who was making preparation for appearing in PSC for getting a Government job, was upset because of his false implication in criminal cases he would not get any Government job apart from the continuous threat of his false implication in a case of rape and eve-teasing. He was further upset by the continuous taunts that he is a shameless person and has not died in spite of registration of cases.