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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 580 OF 2018
Mr.Kalucharan Sudarshan Patra
Aged about 53 years, Occ : Job,
Having address at jai Jagganath Chaal,
TATA Nagar, Behnd Vikas Hotel, ….Applicant
Govandi (West), Mumbai – 400 043 (First Informant)
V/S
1. The State Of Maharashtra
(At the instance of Sr.PI, Chembur
Police Station)
2. Mr. Kanucharan Shivram Panigrahy
Aged about 27 years,
Occ. : Home Business,
Keshav Patil Building, Room No.1,
Near Fish Market, Behind Ram Mandir,
Ghansoli Village, Navi Mumbai. … Respondents
Mr. Kushal Mor for applicant.
Shri N.B. Patil, APP for respondent No.1-State.
Mr. M.G. Shukla i/b Shri Vikas K. Singh for respondent No.2.
CORAM: N. J. JAMADAR, J.
RESERVED ON : 29th NOVEMBER 2019
PRONOUNCED ON : 11th DECEMBER 2019
JUDGMENT :
1. With the consent of the learned counsel for the parties,
heard finally at the stage of admission.
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2. The legality, propriety and correctness of an order, dated
26th July 2018, passed by the learned Additional Sessions Judge,
Greater Bombay, on an application for discharge (Exh. 6) in Sessions
Case No.353 of 2016, whereby, the said application came to be
allowed and the accused, the respondent No.2-herein, was discharged
from the prosecution for the offences punishable under Sectionsections 498A
and Section306 of the Indian Penal Code, 1860 (‘Penal Code’), is assailed in
this revision by the applicant-first informant.
3. The background facts can be summarized as under :-
[a] Mr.Kalucharan Sudarshan Patra, the first
informant, had a daughter, Shilpa (hereinafter referred
to as ‘the deceased’). The marriage of the deceased was
solemnized with the respondent No.2-Kanucharan
Shivram Panigrahy, on 14th February 2013, at
Hanumanpoli, Kolidaspur, Puroshottampur, Ganjaam,
Orrissa. A daughter, namely Shruti was born on 3 rd
April 2014. Thereafter, the deceased used to narrate to
the first informant and his family members that the
accused used to return home late in the night, was
given in to the vice of drinking liquor and gambling,
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3/11 REVN-580-2018 J.docand used to rake up quarrels with the deceased and
also beat her. The first informant and his family
members tried to reason with the respondent No.2.
However, there was no improvement in the behaviour
of the respondent No.2.
(b) On the night intervening 16th and 17th
December 2015, at about 2:40 a.m., the first informant
was informed on phone that the deceased had died.
The first informant, his wife and son reached in Inlak
Hospital, Mumbai. On being enquired, the respondent
No.2 informed that at about 1:15 a.m., when he
returned home, the deceased was found hanging by
nylon rope. The first informant lodged report leading to
registration of C.R.No.374/2015 for the offences
punishable under sections 306, 498A against the
respondent No.2. After completion of the investigation,
charge-sheet came to be lodged against the accused for
the said offences.
[c] On committal of the case to the Court of
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Sessions, the respondent No.2 filed an application
(Exh.6) under Sectionsection 227 of the Code of Criminal
Procedure (‘Code’). It was resisted by the prosecution.
(d) The learned Additional Sessions Judge, after
perusal of the material on record, including report
under Sectionsection 173 of the Code, was persuaded to allow
the application holding, inter-alia, that there was no
material to attract the provisions of Sectionsection 498A of the
Penal Code, as neither there was allegations of unlawful
demand nor such conduct attributed to the respondent
No.2, which would drive the deceased to commit
suicide. The learned Additional Sessions Judge was also
of the view that the material on record even did not
warrant framing of charge under Sectionsection 306 of the
Penal Code as there were nothing to show that the
respondent No.2 abetted the commission of suicide by
the deceased. Thus, finding the charge on both the
counts, against the respondent No.2, groundless, the
learned Sessions Judge discharged the respondent No.2.
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4. Being aggrieved by and dissatisfied with the aforesaid
finding and the impugned order, the first informant has invoked the
revisional jurisdiction of this Court.
5. Heard Shri Kushal Mor, the learned counsel for the
applicant, Shri M.G. Shukla, the learned counsel for the respondent
No.2. and Shri N.B. Patil, the learned APP for State. With the
assistance of the learned counsels for the parties, I have also perused
the material on record, especially the report under section 173 of the
Code and the documents annexed with it.
6. The learned counsel for the applicant submitted that the
impugned order suffers from perfunctory and casual consideration of
the material on record. The learned Additional Sessions Judge was
enjoined to look into the entire material on record and thereafter
arrive at a finding as to whether there was a ground to presume that
the respondent No.2 has committed the offences. The learned
Additional Sessions Judge, on the other hand, on a cursory
examination of the material recorded a finding that the charge was
groundless. The facts that, by order dated 17 th July 2017, the learned
Additional Sessions Judge had directed the investigating agency to
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carry out further investigation and record the statements of the
witnesses and the supplementary statements of the first informant
contained the allegations of unlawful demand and harassment not only
at the hands of the respondent No.2 but also his relatives, were
completely ignored by the learned Additional Sessions Judge, urged
the learned counsel for the applicant. In substance, according to the
learned counsel for the applicant, there was adequate material to
warrant framing of the charge against the respondent No.2 for the
offences punishable under Sectionsections 498A and Section306 of the Penal Code as
the presumption contained under Sectionsection 113A of the Evidence Act,
1872 was clearly attracted.
7. In opposition to this, the learned counsel for the
respondent No.2 submitted that the impugned order is wholly justified
and no interference is warranted in exercise of the revisional
jurisdiction. From the tenor of the first information report as well as
the statements of the witnesses, recorded immediately after the
registration of the first information report, it becomes evident that
there is no whisper about any unlawful demand nor of any conduct
attributable to the respondent No.2 which drove the deceased to
commit suicide. In fact, the investigating agency, in its report, dated
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28th August 2018, submitted to the Sessions Court, post direction for
further investigation, has arrived at the conclusion that the omnibus
allegations made by the first informant in supplementary statement
were unworthy of credence. Thus, the learned Additional Sessions
Judge has correctly exercised the jurisdiction to discharge the
respondent No.2, urged the learned counsel for the respondent No.2.
8. To begin with, it is trite that at the stage of the framing
of the charge, the material on record is required to be scrutinized so
as to ascertain whether there is a prima-facie case which raises a
strong suspicion against the accused of having committed the offences
arraigned against him. The examination of the material is not for the
purpose of finding out as to whether it is sufficient to entail the
conviction. If the report under Sectionsection 173 and the documents annexed
with it and the material on record leads to an inference that there is
a ground for presuming that the accused has committed an offence,
the Court would be justified in framing the charge. Conversely, if the
material indicates that the charge is wholly groundless, an order for
discharge under Sectionsection 227 of the Code can be passed.
9. On the aforesaid touchstone, if the material on record is
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considered, it becomes evident that the F.I.R. is conspicuously silent
about the alleged unlawful demand and the conduct of the accused
which would drive the deceased to commit suicide. The report, on the
contrary, indicates that the deceased was distressed on account of the
fact that the accused returned home late, consumed liquor and used
to rake up quarrels with the deceased. It was further alleged that the
accused was also given in to the vice of gambling. Apart from these
vices, nothing was attributed to the accused so as to bring his conduct
within clauses (a) and (b) of the Explanation to Sectionsection 498A of the
Code. Evidently, there was no reference to any demand emanating
from the accused, much less an unlawful demand for any property,
and the consequent harassment in order to coerce the deceased to
meet such demand.
10. Two factors have significant bearing on the potency of the
indictment against the accused. One, the visit of Simanchal Patra, the
brother of the deceased, to the house of the deceased on the night of
occurrence 16th December 2015. Two, the telephonic conversation
which both the deceased and accused had with the wife of the first
informant at about 11:00 p.m. Simanchal Patra, the brother of the
deceased, did not notice anything unusual or untoward during the
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course of his visit to the deceased few hours prior to the occurrence.
Nor the first informant and his wife sensed anything amiss when the
deceased and accused spoke with them at about 11:00 p.m. on 16 th
December 2015, a couple of hours before the alleged occurrence. It is
not the case of the first informant or any of the prosecution witnesses
that even on the date preceding the night of occurrence, the deceased
had made any grievance which would fall within the mischief of
either Sectionsection 498A or Sectionsection 306 of Penal Code.
11. The fact that the accused was given in to the vice of
drinking liquor and gambling, even if taken at par, would not
constitute abetment within the meaning of Sectionsection 107 of the Penal
Code. The learned Additional Sessions Judge was, thus, justified in
recording a finding that there was no material to demonstrate that a
prima-facie case for the offence of cruelty or abetment to commit
suicide was made out.
12. The reliance placed by the learned counsel for the
applicant on the supplementary statement of the first informant
recorded on 23rd August 2017, post the direction for further
investigation, does not advance the cause of prosecution. The
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supplementary statement which came to be recorded after about one
and half years of the occurrence, by its very nature, is of inherently
weak character. In the said statement, omnibus allegations were made
against the accused including that of unlawful demand.
13. Whether the first informant had an opportunity to make
statements after lodging the FIR? Evidently, the supplementary
statements of the first informant were recorded on 5 th April 2016 and
19th June 2016. In the said statements also no allegations of unlawful
demand were made against the accused. The allegations to bring the
conduct of the accused within the tentacles of the offences punishable
under Sectionsections 498A and Section306 of the Penal Code were made, for the
first time, in the statement which was recorded on 24 th June 2017,
after about one and half years of the occurrence. There was no
plausible reason not to make such allegations at the first possible
opportunity when the first informant had visited the hospital where
the deceased was shifted to on the very night of the occurrence and
the first information report came to be registered on 17 th December
2015, itself.
14. In the aforesaid backdrop, the learned Additional Sessions
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Judge was within his rights in evaluating the entire material on
record and then arriving at the conclusion that the charge against the
accused appeared to be groundless. Thus, in exercise of the revisional
jurisdiction, I am not impelled to interfere with the order passed by
the learned Additional Sessions Judge. Resultantly, the revision
application deserves to be dismissed. Hence, the following order :
ORDER
The revision application stands dismissed.
[ N.J. JAMADAR, J. ]
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