Rakesh & Others vs State
2010 Latest Caselaw 1843 Del

20
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CRL.REV.P. 495/2008

      RAKESH & ORS                   ..... Petitioner
                             Through        Mr.Y.N. Singh, Advocate.

                    versus

      STATE                          ..... Respondent
                             Through        Mr. Arvind Kumar Gupta, APP.
                                            Mr. Vijay Aggarwal, Mr.
                                            Vijayender Kumar, Mr. Gurpreet,
                                            Advocates for the complainant.
       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA

              ORDER

% 08.04.2010

1. The present revision petition is directed against the order dated 24th

May, 2008, passed by the Additional Sessions Judge framing charge under

Section 304B/498A/34 of the Indian Penal Code.

2. The deceased Ms. Yogita got married with the petitioner No.1-Mr.

Rakesh Kumar on 26th April, 2007. She committed suicide on 6th

September, 2007 in the house of her in laws.

3. As per prosecution, on 6th September, 2007 at about 4 P.M. Mr.

Navin, brother of the deceased-Ms. Yogita, received a telephone call from

Ms. Rekha, sister-in-law of Ms. Yogita that they should come immediately as Ms. Yogita was not opening the door. Mr. Naveen reached at the

matrimonial house of his sister and climbed on the cooler and saw from

the window that her sister hanged herself. Thereafter, he called the police

after dialing No.100. Statement of complainant was recorded and on that

basis FIR was registered.

4. Counsel for the petitioners has relied upon the suicide note and

submits that the deceased had appreciated the conduct of her in-laws and

had killed herself because she was suffering from incurable disease. As per

the post mortem report, the deceased was not suffering from any

incurable disease and in fact was pregnant and was carrying a child of

about four months. Counsel for the State submits that the suicide note can

be interpreted and read in different ways. According to him, the suicide

note shows the sensitive and good nature of the deceased as she did want

any of her in-laws to suffer any harm or harassment in spite of the fact that

she was taking extreme step of killing herself because of them.

5. At this initial stage, it will not be correct to discharge the accused-

petitioners on the basis of the suicide note. Learned Additional Sessions

Judge has dealt with the questions and contentions in detail while framing

the charge. The facts mentioned in the charge sheet and statements under Section 161 of the Code of Criminal Procedure, 1973, I do not find any

merit in the present revision petition and the same is dismissed. It is stated

that the matter is fixed before the trial Court on 13th April, 2010. Trial

Court record will be sent back. It is clarified that the observations made in

this order are only for the purpose of the deciding the revision petition and

will not be binding on the trial Court.

SANJIV KHANNA, J.

APRIL 08, 2010 NA/VKR