Allahabad High Court
Naresh Kumar And Another vs State Of U.P. And Another on 27 May, 2022
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 82
Case :- CRIMINAL REVISION No. - 2355 of 2021
Revisionist :- Naresh Kumar And Another
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ray Sahab Yadav
Counsel for Opposite Party :- G.A.,Mohammad Mahtab Alam,Neeraj Seerotiya, Saif Naseem
Hon'ble Umesh Kumar,J.
Heard learned counsel for the revisionist, learned counsel for opposite party no.2, learned AGA for the State and perused the record.
This criminal revision has been filed against the judgment and order dated 11.02.2021 passed by Additional Sessions Judge (Fast Track Court-OAW), Jhansi in Sessions Trial Court 619 of 2020 arising out of case crime no. 498A, 306 (302 Alternate) I.P.C. and Section 4 of D.P. Act, P.S.- Kotwali, District- Jhansi by which the learned Sessions Judge had started framing charges on the revisionists under Sections 498A, 306, 302 I.P.C. and Section 4 of D.P. Act.
Learned counsel for the revisionists submits that opposite party no.2 had lodged an FIR on 8.8.2020 against six persons including the revisionist alleging that the the marriage of the sister of opposite party no.2 was solemnized with the revisionist no.1 on 5.5.2011 and in-laws of the sister of opposite party no.2 were started torturing her for additional dowry and due to torture and victimization, the sister of the opposite party no.2 committed suicide; that on 4.8.2020, the post mortem of the deceased was conducted in which the cause of death was opined due to ante-mortem hanging; that the I.O. has submitted the charge sheet under Section 498A and 306 I.P.C. and Section 3/4 D.P. Act against the revisionists; that the revisionists are on bail under the aforesaid sections.
It is further stated that the learned Sessions Judge by order dated 11.02.2021 initiated the proceedings of framing of charges on the revisionists under Sections 498A, 306, 302 (Alternate) I.P.C. and Section 4 of D.P. Act; that from bare reading of the statement of the informant as well as witnesses and also from the perusal of autopsy report, it is crystal clear that the deceased Geeta had committed suicide and the Investigating Officer had filed charge sheet under Section 498A, 306 I.P.C. and 3/4 D.P. Act but while passing the order of framing charges, the learned trial Court failed to discuss material available on record to find out prima facie case against the revisionist under Section 302 I.P.C.
Learned counsel for the opposite party no.2 opposed the submissions made by learned counsel for the revisionist.
The word used in charge by the trial Judge is quoted below:
"यह कि दिनांक-04.08.2020 को उपर्युक्त वर्णित समय व स्थान पर आप लोगों द्वारा वादी मुकदमा की बहन श्रीमती गीता को मारपीट एवं प्रताड़ित किया, जिससे परेशान होकर वादी मुकदमा की बहन श्रीमती गीता ने फांसी लगा ली, जिससे उसकी मृत्यु कारित हो गयी। इस प्रकार उक्त कृत्य भा०दं०सं० की धारा-302 (वैकल्पिक) के अन्तर्गत दण्डनीय अपराध है, जो इस न्यायालय के प्रसंज्ञान में है।"
Considering the facts and circumstances of the case, and after perusal of the material available on record including the impugned order, this Court finds that there is no an iota or word to connect either of the accused-revisionists with the offence punishable under Section 302 I.P.C.
In view of the above, the revision is partly allowed. Revisionists are hereby discharged for the offences punishable under Section 302 I.P.C. However, in any case, after relevant evidence established that prima facie an offence under Section 302 I.P.C. is made out then the trial Court will be at liberty to make such charge.
Order Date :- 26.5.2022
Fhd
