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treatment or harassment at the hands of the petitioner or his family members. The father of the deceased had also stated that the deceased had no complaints from her in-laws and she was living happily with them. The father specifically stated that he did not want any action against the petitioner as they were innocent.
Counsel for the petitioner further submits even otherwise, there is a gross delay in filing the FIR, which is based on a suicide note.
It is stated that the suicide note was not in the handwriting of the deceased. The said suicide note was sent to the CFSL with the admitted writing of the deceased and on careful examination of the same, the forensic expert has opined that the alleged suicide note is not written under the hand of the deceased, and thus, it is only an attempt to falsely implicate the petitioner in this case. In the light of the CFSL report, it can be safely said that the suicide note produced by the father of the deceased is forged and a fabricated document and, thus, no reliance can be placed thereupon. In support of his submissions, learned counsel for the petitioner relies upon Suraj Prakash Vs. State of Delhi, reported at 2007 [1] JCC 354. Counsel further relies upon Sanjy @ Sanjay Singh Sengar Vs. State of Madhya Pradesh, reported at 2002 (2) RCR (Criminal) 687. Counsel for the petitioner also submits that no case is made out against the petitioner under Section 306 of the IPC as the ingredients of Section 107 (abetment) are not made out. There is nothing on record to show that there was any instigation or abetment on the part of the petitioner which led the deceased to commit suicide and moreover the deceased committed suicide at her parental home. Learned counsel further submits that at the stage of framing the charge, the Court is to consider whether a strong suspicion is made out against the accused persons or not, and which is certainly not made out herein.
13. Coming back to the facts of this case, it is seen that, it is not in dispute that as per the first statement which was made by the father of the deceased, he had categorically stated that no demand of dowry had been made. He had also stated that his daughter was happily married and was not ill-treated by the petitioner or his family members. The father of the deceased stated, ―we have no troubles/grievance from anyone. No demand of dowry or complaint were made to us by the husband of Deepa or his family members. My daughter Deepa never complained to us against her husband, mother-in-law and brother-in-law. She was living happily at her matrimonial home." As per the prosecution, it is the discovery of the suicide note which led to his approaching the police once again and making a second statement. In the second statement, it has been stated by the complainant (father of the deceased) that his daughter committed suicide after nineteen (19) days of the marriage. His daughter had come from the matrimonial home on 11.12.2007 and since then she was upset, however, she could not apprise him of the true situation. The father of the deceased further goes on to state that earlier he did not find the suicide note of his daughter. A bare reading of the second statement made by the complainant would show that the deceased had not disclosed to her father of any ill-treatment or demand of dowry from her husband or in-laws. Reading of the second statement would also show that it is a discovery of the suicide note which prompted the complainant to lodge the FIR.
17. The learned trial Court has framed charges against the petitioner based on the statement made by the father of the deceased and other family members of the deceased, and the alleged suicide note written by the deceased. Since the father of the deceased had in his first statement, given a clean chit to the husband and in-laws of the deceased, the second statement made by the father of the deceased was based on the alleged recovery of the suicide note written by the deceased; the entire case of the prosecution comes to hinge on this very suicide note.
As per the suicide note, the deceased had stated: "..... These persons say something and do something. These persons were found to be cruel. My mother-in-law is very bad. She always scolds me. I am very much upset here. ..... Sd/-". It is noteworthy that the very suicide note which has given rise to the filing of the FIR, is itself not signed by the deceased. The signatures made on the suicide note, were sent for examination to the Central Forensic Science Laboratory (CFSL). As per the report of the CFSL, "all the documents were carefully and thoroughly examined with scientific instruments such as Stereo Microscope, Video Spectral Comparator-IV, Docucentre and VSC-