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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.

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 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 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.