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Rampal, the elder son of the deceased, had stated that on 16.10.2016 at about 11:00 PM his father all of a sudden started vomiting and on enquiry, he informed that he has consumed poisonous substance. During investigation, one suicide note of the deceased was recovered in which it was mentioned that the applicants have forcibly administered the poisonous substance. The police after completing the investigation, filed the charge sheet for offence under Sections 306, 294, 34 of IPC.

The Trial Court by order dated 21.6.2017 has framed charge under Sections 294, 306/34 of IPC or in the alternative 302/34 of IPC.

It is submitted by the counsel for the applicants that even if the entire allegations are accepted then the prosecution case is that the deceased had given loan to the applicants and when he demanded the money back, he was abused by the applicants. Therefore, even if the entire allegations are accepted, then it would be clear that no offence under Section 306 of IPC has been made out. Furthermore, there is nothing on record to show that the suicide note was written by the deceased, therefore, the Trial Court has committed an illegality by framing the charge under Section 302 of IPC as well.

Per contra, it is submitted by the counsel for the State that both the charges, i.e. under Section 302 of IPC or in the alternative under Section 306 of IPC, can be framed. It is further submitted that in view of the statements of the sons of the deceased as well as in view of the suicide note recovered from the clothes of the deceased, the trial Court was justified in framing charge under Section 306 of IPC or in the alternative 302 of IPC. It is further submitted that it is for the prosecution to prove that the suicide note is in the handwriting of the deceased, which shall be done during the trial. It is further submitted that the Supreme Court in the case of Sarada Prasanna Dalai vs. Inspector General of Police reported in (2017) 5 SCC 381 has directed the Trial Court to consider the framing of additional charge under Section 302 of IPC along with the charge under Section 306 of IPC.

Heard the learned counsel for the parties. It is clear from the charge sheet that the police did not file the charge sheet under Section 302 of IPC. However, the so called suicide note which was recovered from the clothes of the deceased was also filed. From the Naksha Panchnama, it is clear that when the dead body of the deceased was seen, at that time the suicide note was recovered from the pocket of his pant. The said suicide note has also been filed along with the charge sheet. Therefore, at this stage it can be said that the suicide note is also a part of the charge sheet. Whether the suicide note is in the handwriting of the deceased or not is a matter of evidence.