Bombay High Court
Sandeep Kisan Shinde vs State Of Maharashtra on 11 October, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.196 OF 2023
Sandeep Kisan Shinde ...Applicant
Versus
The State of Maharashtra ...Respondent
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Mr. Sumedh S. Modak, i/b Vijay Killedar, Advocate for Applicant.
Mr. A.R. Patil, APP for State/Respondent.
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CORAM : SARANG V. KOTWAL, J.
DATE : 11th OCTOBER 2023
PC :
1. The Applicant has challenged the order dated 28 th
February 2023 passed by the Additional Sessions Judge, Vadgaon
in Sessions Case No.554/2022. By the impugned order the
Applicant's Application filed under Section 227 of Cr.P.C. for
discharging him from the case, was rejected. The Applicant along
with the other Accused is facing charges under Sections 306, 504,
506 r/w 34 of I.P.C. in Sessions Case No.554/2022, before the
Additional Sessions Judge, Vadgaon, District Pune.
2. Heard Mr. Sumedh Modak, learned Counsel for the
Digitally
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
2023.10.13
16:52:35
+0530
Applicant and Mr. A.R. Patil, APP for State/Respondent.
Ashwini V
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3. The prosecution story is that the Applicant's sister
Sindhu was married to one Prakash Harkal on 19 th April 2016.
There were two children from that wedlock. Prakash committed
suicide on 26th January 2022. Therefore, the F.I.R. was lodged at
Dehuroad police station vide C.R. No.71/2022 on 1 st February
2022, under Sections 306, 504, 506 r/w 34 of I.P.C. The
investigation was carried out. The charge-sheet was filed against
Sindhu, her parents, the present Applicant and his brother
Damodar.
4. Learned Counsel for the Applicant submitted that there
are no specific allegations against the present Applicant. There are
only vague references to him. He submitted that there was a
matrimonial dispute between the deceased and the Applicant's
sister. The deceased had filed Divorce Proceedings before the
Family Court, Parbhani. In that Petition, the entire allegations were
against the Applicant's sister. He submitted that those vague and
general allegations do not even remotely suggest that the
Applicant is concerned or is involved in the commission of offences
under Sections 306 and other offences of I.P.C.
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5. Learned APP strongly opposed these submissions. He
referred to the statements given by the uncle, the aunt and the
sister of the deceased. He submitted that in all these statements,
there is a specific reference that all the near relatives of Sindhu
were humiliating and harassing the deceased; therefore, he
committed suicide. According to the learned APP, this amounts to
the offence under Section 306 of I.P.C.
6. I have considered these submissions and with the
assistance of both the learned Counsel, I have perused the charge-
sheet. As referred by the learned APP, there are statements of the
sister, the aunt and the uncle of the deceased Prakash and also
statement of his colleagues from the office. The F.I.R. is lodged by
the sister of the deceased. She has stated in the F.I.R. that there
was a matrimonial dispute between Sindhu and the deceased. On
the day of the incident, there was a telephonic conversation
between the first informant and Sindhu. In the entire FIR, there
are allegations mainly against Sindhu. There is a reference to one
incident about a meeting during which the deceased was abused.
But regarding that incident there is specific reference to Sindhu's
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parents and the Applicant's brother Damodar. There is no reference
to the Applicant's presence during that incident. There are general
allegations against the Applicant along with other Accused that
they were constantly humiliating the deceased. They were abusing
the deceased and they used to threaten him that, they would lodge
false complaints against him. The statements of the aunt and uncle
of the deceased are on similar lines.
7. The statements of the colleagues of the deceased also
referred to the general allegations that, Sindhu's parents and
brother used to harass the deceased. There are no specific
allegations.
8. The charge-sheet contains some pages written by the
deceased himself. At one place he has written that he was alone
and he was under tension and depression and, therefore, he was
thinking of committing suicide. In all these documents he has
referred to his disturbed mental state as he was deprived the
company of his children. The main grievance was against Sindhu
and there is reference to the matrimonial dispute. Therefore, there
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is substance in the submission of learned Counsel for the Applicant
that, there are no specific allegations or material against the
present Applicant attracting the offence under Section 306 of I.P.C.
There is nothing to show that the Applicant had committed any act
which would fall within the definition of "abetment" as defined
under Section 107 of I.P.C. as far as the present Applicant is
concerned.
9. The learned APP relied on the Judgment of the Hon'ble
Supreme Court in the case of Praveen Pradhan vs. State of
Uttaranchal and another as reported in (2012) 9 Supreme Court
Cases 734. In that case there was a reference that the Appellant
had always hurt the self respect of the deceased and the Appellant
in that case used to scold him. He used to force the deceased to
resign. The Hon'ble Supreme Court held that benefit could not be
given to the Appellant. In the present case the situation is entirely
different. There are no strong circumstances against the Applicant.
Arguable points are raised. The matter requires to be admitted.
10. Hence, the following order:
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ORDER
i) Admit.
ii) There shall be interim relief in terms of prayer
clause (d) as far as the present Applicant is
concerned.
(SARANG V. KOTWAL, J.)
