Ganesh Jagganath Choukse And ... vs The State Of Mah., Thr. Police ...
2023 Latest Caselaw 133 Bom

                                             29 revn no.37.21.odt..odt
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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH, NAGPUR.

     CRIMINAL REVISION APPLICATION NO.37 OF 2021


1.         Ganesh Jagganath Choukse,
           Aged about 55 years Occ: Agriculturist,
           R/o Main Road, Khamgaon, Tq. Khamgaon
           Distt. Buldhana

2.         Suresh @ Rajendra Yashwant Bhusari,
           Aged about 46 years Occ: Agriculturist
           R/o Shivaji Nagar, Khamgaon Tq.
           Khamgaon Distt. Buldhana           ... APPLICANTS


                           // VERSUS //

1.         The State of Maharashtra,
           Through Police Station Officer,
           P.S. Police Station Khamgaon,
           Distt. Buldhana

2.         Suvarna Sunil Tale,
           Aged Major, Occu: Household
           R/o Bombade Colony, Khamgaon,
           Tq. Khamgaon Distt. Buldhana
                                      ... NON-APPLICANTS


Shri Anand S. Deshpande, Advocate for the applicants.
Shri S.A. Ashirgade, APP for the non-applicant No.1/State.
Shri Amit D. Bade, Advocate for the non-applicant No.2.
____________________________________________________


CORAM : G. A. SANAP, J.

DATE:- 05/01/2023 29 revn no.37.21.odt..odt

ORAL JUDGMENT

1. Admit. Heard finally by consent of learned

Advocates for the parties. Perused the record and

proceedings.

2. The order dated 10.02.2021 passed by the

learned Assistant Sessions Judge, Khamgaon is impugned in

this revision application, whereby the learned Assistant

Sessions Judge was pleased to reject the application made

by the applicant/accused Nos.5 and 6 for discharge in

Sessions Trial No.63/2017 for the offences punishable

under Sections 420, 306 read with Section 34 of the Indian

Penal Code.

3. The informant is the wife of the deceased. In the

report lodged by the informant, it was alleged that her

husband committed suicide due to the torture and

deception caused to him by accused persons. She found

suicide note in his trouser pocket. The suicide note 29 revn no.37.21.odt..odt

contained the nature of transactions and the cheating of the

deceased at the hands of the accused persons. After

investigation, the charge-sheet has been filed.

4. In the application made for discharge, it is the

case of the applicants/accused Nos. 5 and 6 that the accused

No.2 whose name has been mentioned in the suicide note

has been granted the benefit of quashing of the report

lodged against him under Section 306 read with Section 34

of the Indian Penal Code. It is stated that as compared to

the role of the accused No.2, their role is very minor. No

case has been made out against them for framing the

charge. They are entitled for discharge. The charge cannot

be framed inasmuch as the material compiled in the charge-

sheet is not sufficient to frame the charge against them.

5. Application was opposed by the prosecution. The

prosecution contended that benefit of quashment of the

proceedings against the accused No.2 punishable under 29 revn no.37.21.odt..odt

Section 306 read with Section 34 of the Indian Penal Code

cannot be extended to the accused Nos. 5 and 6 while

deciding their discharge application. In short, it is the case

of the prosecution that there is sufficient material on record

to frame the charge against them for the offence under

Section 306 read with Section 34 of the Indian Penal Code.

6. The informant-wife of the deceased has filed the

reply and opposed the revision application. In short, the

non-applicant No.2 has contended that learned Assistant

Sessions Judge has not committed any illegality while

rejecting their application for discharge.

7. I have heard Shri Anand Deshpande, learned

Advocate for the accused Nos. 5 and 6, Shri S.A. Ashirgade,

learned APP for the State and Shri A.D. Bhate, learned

Advocate for the informant-Non-applicant No.2. Perused

the record and proceedings.

29 revn no.37.21.odt..odt

8. It is to be noted that First Information Report

against the accused No.2 for the offence punishable under

Section 306 read with Section 34 of the Indian Penal Code

has been quashed vide order dated 08.08.2017 by Division

Bench of this Court in Criminal Application (APL)

No.90/2017. The material which has been taken into

consideration while passing this order was the suicide note.

It is to be noted that the name of the accused No.2 was

mentioned in the suicide note. The names of the applicants/

accused Nos.5 and 6 have been mentioned in the suicide

note. However, it is seen that no specific role has been

attributed to them in the commission of crime. The

reference to their names in the suicide note has been made

in connection with the transaction of sale of land and the

transfer of money in that regard. In my view, this order of

quashing of the First Information Report against the

accused No.2 under Section 306 on the same set of facts

and evidence would apply with equal force to the case of

accused Nos.5 and 6.

29 revn no.37.21.odt..odt

9. On going through the material placed on record, I

am of the view that the material on record is not sufficient

to frame the charge against them under Section 306 read

with Section 34 of the Indian Penal Code. The learned

Judge has not taken this aspect into consideration while

deciding the discharge application. It is to be noted that at

the most the prosecution for an offence under Section 420

can go on against the accused persons. The material placed

on record, in my view would be sufficient to frame the

charge against them for the offence punishable under

Section 420 of the Indian Penal Code.

10. Accordingly, the revision application is partly

allowed.

(i) The impugned order dated 10/02/2021 passed

by learned Assistant Sessions Judge, Khamgaon to the

extent of rejection of the discharge application for the

offence under Section 306 read with section 34 is quashed

and set aside.

29 revn no.37.21.odt..odt

(ii) The accused No. 5 - Ganesh Jagganath Choukse

and Accused No.6 - Suresh @ Rajendra Yashwant Bhusari

are discharged in Sessions Trial No.63/2017 for the offence

punishable under Section 306 read with Section 34 of the

Indian Penal Code, only.

11. Criminal Revision Application is disposed of

accordingly.

JUDGE

manisha

Signed By:MANISHA ALOK SHEWALE

Signing Date:07.01.2023 10:45