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Bombay High Court
Kailas Bhagwan Rathod And Another vs The State Of Maharashtra And Another on 1 December, 2025
2025:BHC-AUG:32951
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 286 OF 2025
1] Kailas Bhagwan Rathod
Age: 34 years, Occu.: Labour,
R/o. : At/Post. Vasant Nagar Tanda,
Parli, Tq.Parli, District Beed.
2] Yamunabai W/o Bhagwan Rathod
Age: 56 years, Occu.: Agri.,
R/o. : At/Post. Vasant Nagar Tanda,
Parli, Tq. Parli, District Beed. ....Applicants
Versus
1] The State of Maharashtra
Through Police Inspector,
Parli Rural Police Station,
Tq.Parli, District Beed.
2] Raju S/o. Sahebrao Pawar
Age: 37 years, Occu.: Labour,
R/o. : At/Post. Umarewadi Tanda,
Tq.Dharur, District Beed. .....Respondents
.....
Advocate for Applicant : Mr.Prashant P. Giri h/f. Mr. Vinod B. Jadhav
APP for Respondent no.1 : Mr.S.A.Gaikwad
Advocate for Respondent no.2 : Mr.Vishwamber Digamberrao Gunale
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 27 NOVEMBER, 2025
PRONOUNCED ON : 01 DECEMBER, 2025
JUDGMENT :
1. In this revision, original accused in Crime no.0269 of 2022 are
taking exception to order dated 29-08-2025 passed by learned
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Additional Sessions Judge, Ambajogai below application Exhibit 17 in
Sessions Case no.35 of 2023, rejecting application and prayers for
discharge.
2. On the strength of FIR dated 09-11-2022 lodged by one Raju
Sahebrao Pawar, aforesaid crime was registered at Parali Rural Police
Station, District Beed, for offence under Section 306 read with 34 of
the Indian Penal Code (IPC) against present revisionists, who are
husband and mother-in-law of deceased Babita, who hanged herself
in the intervening night of 07-11-2022 and 08-11-2022. Based on
such report, above crime was registered and after investigation, they
were duly chargesheeted and were to be tried vide Sessions Case
No.35 of 2023.
3. In above Sessions Case, revisionists preferred application
exh.17 by invoking 227 of the Code of Criminal Procedure (the
Cr.P.C.) urging for discharge. The application was opposed by
prosecution and by order dated 29-08-2025, learned Additional
Sessions Judge, Ambajogai, was pleased to reject the said application.
Aggrieved by the above, revisionists have nocked the doors of
this Court, by invoking revisional powers of this Court urging to set
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aside the impugned order and seeking discharge from above crime.
4. Learned counsel for revisionists would point out that there is
false implication. According to him, deceased, sister of informant,
was married to revisionist no.1 on 13-02-2013. He pointed out that
almost after a decade of marriage, first time, allegations are levelled
against revisionists for causing harassment on account of disrespect
being shown to them, bringing insufficient dowry, raising suspicion
on character and about demanding Rs.6,00,000/- for purchase of
plot. According to learned counsel, it is to be borne in mind that
marriage is of nine years old. At no point of time earlier, there was
any reporting in above regard and directly allegations are raised in
the FIR. He pointed out that, in fact deceased had mental illness and
was being treated for the same. That, very investigating machinery
has gathered papers from hospital where she was treated. He further
added that deceased had suicidal tendencies as earlier also she had
consumed pills as well as had earlier also attempted to hang herself
and due to unsoundness of mind, had left the house and company of
the revisionists and had been to Hyderabad for no reason. Thus,
according to him, deceased, who was mentally disturbed and under
depression, might have committed suicide under its influence.
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5. He pointed out that, in the FIR, there are no allegations about
any mal-treatment or inducement or abatement to commit suicide.
That, in supplementary statement, after almost 10 days, allegations
are made that two days prior to alleged suicide, deceased had come
to stay with accused and merely because she hanged herself in
matrimonial house, false allegations are levelled about demand,
suspicion of character, even when both revisionist no.1 and deceased
had children. He pointed out that, even going by the vague
allegations in the supplementary statement, there is nothing in
proximity to alleged suicide in the intervening night of 07-11-2022
and 08-11-2022 to connect revisionsts and therefore, it is his
submission that, implication on the basis of such allegations itself is
improper and rather out of annoyance by the informant on account
of losing sister.
6. As regards to mental condition of deceased is concerned, he
pointed out that investigating machinery has itself gathered papers
which show that since beginning, deceased was being treated at
Sawali Mansopchar Rugnalya, Latur i.e. since prior to her marriage
and she was continued to be treated. He also pointed out that
medical papers gathered by investigating machinery from Swami
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Ramanand Teerth Hospital, Ambajogai, also clearly show that in
December 2022, deceased Babita was treated for consuming
unknown pills and had also in December 2010 attempted to commit
suicide by hanging.
7. In the light of such material, he would strenuously submit that
deceased had suicidal tendencies and therefore, implication of
husband and mother-in-law is improper. Lastly, he sought reliance
on the Judgment of Hon'ble Apex Court in the case of Mahendra
Awase v. State of MP, 2025 (4) SCC 801, Judgment of this Court
(Bench at Nagpur) in Criminal Revision Application No.159 of 2024
dated 28-02-2025, and Judgment of this Court (Aurangabad Bench)
in Criminal Application No.4127 of 2023 dated 25-04-2025, and
urged to allow the revision, as according to him, with such material,
making revisionists face trial, would impart injustice on them.
8. Per contra, learned APP for State as well as learned Counsel for
informant have both strongly opposed on the ground that, deceased
was in the company of accused and she had met unnatural death in
the matrimonial house. That, accused owe and answer an
explanation, which they do not supply. They both pointed out that
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since barely few months after the marriage, there was taunting to the
deceased for alleged disrespect shown to the family members of the
bridegroom in the marriage. They pointed out that there was also
demand of money for purchasing plot to the informant, who is
brother and said demand was complied, but still there was mal-
treatment to her. They pointed out that even there was suspicion on
her character. All such instances were reported to informant and
other family members. That only because of such ill-treatment mated
out, deceased hanged herself. According to them, there was no other
reason.
9. They both strenuously submitted that investigating machinery
has gathered ample material. That, there are statements of witnesses
suggesting cruelty being mated out, demand being raised and
deceased being harassed. That, death has taken place in the
matrimonial house. That, death is unnatural and so as revisionsts are
solely responsible, they are required to face the trial and they both
support order of rejection application exh.17 passed by learned
Additional Sessions Judge, Ambajogai and urged to pass similar
order.
They both seek reliance on the decision of the Hon'ble
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Supreme Court in the cases of Om Prakash Sharma v. Central Bureau
of Investigation, Delhi, AIR 2000 SC 2335 and Bhawna Bai v.
Ghanshyam and Ors. AIR 2020 SC 554.
10. Before adverting to merits of the case, it would be just and
proper to spell out settled legal position while considering discharge
application under Sections 227 and 228 of the Cr.P.C. It is fairly
settled position that, at such stage, Court dealing with such
application is merely expected to determine existence of prima facie
material for proceeding to frame charge and make accused persons
face trial. Material gathered during investigation is expected to be
sifted with limited purpose to find out whether there are sufficient
grounds to proceed against accused. Neither in-depth analysis nor
meticulous analysis of evidence is expected at such stage. Thus, the
only duty of Court is to ascertain whether there is prima facie
material suggesting existence of essential ingredients for the offences,
which are alleged to be committed.
Above position has been time and again reiterated since the
cases of State of Bihar v/s Ramesh Singh (1977) 4 SCC 39; Union of
India v. Prafulla Kumar Samal and Another (1979) 3 SCC 4 , and a
decade back in the cases of Sajjan Kumar v. Central Bureau of
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Investigation (2010) 9 SCC 368; Amit Kapoor v. Ramesh Chander
and another (2012) 9 SCC 460; State of Tamil Nadu (By Inspector of
Police Vigilance and Anti-Corruption) v. N.Suresh Rajan and Others.
(2014) 11 SCC 709; Asim Shariff v. National Investigation Agency
(2019) 7 SCC 148; and Ram Prakash Chadha v. State of Uttar
Pradesh (2024) 10 SCC 651.
11. Perused the chargesheet bearing in mind the above settled
legal position that at this stage, material is to be sifted with a limited
purpose to ascertain whether there is prima facie material to proceed
for trial or not and whether material suggests availability of
ingredients to attract the charges.
Admittedly, informant brother of deceased Babita has
approached Police on 09-11-2022 in the evening i.e. regarding
suicide committed by his sister in the intervening night of
07-11-2022 and 08-11-2022. On visiting the report, it is emerging
that father-in-law of deceased, Bhagwan passed on a telephonic
message that informant's sister consumed some pills and ended up
her life and subsequently, again telephoned and informed that she
hanged herself. Then he narrated that marriage of his sister was of
13-02-2013. That, initial period of six years of marriage were
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smooth and thereafter, husband started troubling his sister taunting
that less dowry was paid, proper arrangements of the members, who
attended marriage, were not made. On petty counts, mother-in-law
used to trouble his sister and inflicted mental cruelty, which was
reported by his sister on phone. He further reported that when
understanding was given to them, for informing them she was
troubled more. Then he alleges suspicion of character by husband.
He further reported that meanwhile, children i.e. a boy and a girl
were born. Six months back, there was demand of Rs.6,00,000/- for
purchasing a plot and he stated that as there was trouble to his sister
on such counts, said demand was met. Therefore, for inflicting
mental and physical cruelty, he lodged report.
12. Record shows that subsequently on 19-11-2012 i.e almost 10
days after report, informant gave supplementary statement that, two
days prior to the suicide, deceased had come to reside at Vasant
Nagar Tanda, Tq.Parali i.e. her matrimonial house and due to cruelty
inflicted to her by husband and mother-in-law, she hanged herself.
13. Thereafter, it seems that investigating machinery has recorded
statements of witnesses. There is statement dated 10-11-2022 of
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very real and elder sister of deceased namely Manisha Rajebhau
Rathod and she has apparently given statement about her younger
sister to be married, having two children and they all put up in
Ambajogai whereas in-laws residing at Vasant Nagar Tanda and two
days prior to death, she had come to stay at Vasant Nagar Tanda.
Very categorically elder sister gave statement that she is unaware
about alleged ill treatment by husband or in-laws as her sister never
talked to her about it, but she committed suicide by hanging herself.
Thus, above is the statement of real elder sister of deceased.
There are no allegations of any nature or about whatever informant
brother reported.
14. Revisionists claim innocence and alleged false implication on
grounds that there was no cruelty inflicted and nor ever demand was
raised. That, allegations are levelled for the first time after more
than nine years of marriage. That, moreover deceased had suicidal
tendencies as she had earlier attempted to consume pills as well
attempted to hang herself. That, deceased was mentally ill and was
being treated for the same.
15. In support of above contentions, attention of this Court is
invited to the medical papers of Sawali Center for Mental Health and
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Research, Ambajogai. Attention of this court is also invited to
communication by Medical Officer/RMO of Swami Ramanand Teerth
Hospital, Ambajogai dated 08-12-2022 addressed to ASI, Parali Rural
Police Station, informing that as per record of the hospital, deceased
was treated on 18-09-2008 for consuming unknown pills and on
24-12-2010 brought with history of hanging.
16. Taking the above material into consideration, firstly as pointed
out, marriage is of 2013 and suicide is of intervening night of 07-11-
2022 and 08-11-2022 . Thus, suicide is almost after nine years of the
marriage. Admittedly, deceased and revisionist no.1 have two
children aged 9 years and 5 years old respectively. As submitted,
though there are allegations that after six years of marriage there was
mal-treatment, at no point of time, there was any reporting to that
extent. Suicide is said to be committed in the matrimonial house at
Vasant Nagar Tanda two days after arrival at such matrimonial place
i.e. around 06-11-2022 or 07-11-2022. As pointed out, there are no
allegations in the backdrop of allegations raised by brother in FIR
about alleged taunting for not giving dowry; for not giving due
respect to the relatives to bridegroom in the marriage; and character
suspicion in proximity to suicide. There is nothing to suggest that
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there was any instigation, abetment or inducement to commit
suicide. There is nothing in the chargesheet to show that there were
creation of such circumstances which compelled her to take the
extreme step of ending her life.
On the contrary, very chargesheet comprises of medical papers
depicting previous attempts of consumption of pills, attempt to hang
and treatment being provided for mental ill-health.
Such material cannot be overlooked while considering prayers
for discharge. As there is no material suggesting any sort of cruelty
or mal-treatment in proximity to alleged suicide, revisionsts deserve
to be discharged. Hence, following order :
ORDER
(I) Criminal Revision Application is allowed.
(II) The Order dated 29-08-2025, passed below Exhibit 17 by the
Additional Sessions Judge, Ambajogai, in Sessions Case No.35 of
2023 is quashed and set aside.
(III) Application Exhibit 17 filed in Sessions Case No.35 of 2023 is
hereby allowed.
( ABHAY S. WAGHWASE )
JUDGE
SPT
