Prabhudayal Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 16167 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                                 BEFORE

                         HON'BLE SHRI JUSTICE ANAND PATHAK

                                 ON THE 3rd OF OCTOBER, 2023

                        CRIMINAL REVISION No. 4411 of 2023
        Between:-
1.      PRABHUDAYAL SAHU S/O NATHURAM SAHU,
        AGED ABOUT 70 YEARS, R/O CHIRGAON
        CHUNGI, KAAJIPATHA MOHALLA BHANDER
        DISTRICT DATIA (MADHYA PRADESH)
2.      SMT. JAMUNA SAHU W/O PRABHUDAYAL SAHU,
        AGED ABOUT 68 YEARS, R/O CHIRGAON
        CHUNGI, KAJIPATHA MOHALLA BHANDER
        DIST. DATIA (MADHYA PRADESH)
3.      NARENDRA SAHU S/O PRABHUDAYAL SAHU,
        AGED ABOUT 32 YEARS, R/O CHIRGAON
        CHUNGI, KAJIPATHA MOHALLA BHANDER
        DIST. DATIA (MADHYA PRADESH)
                                                                                   .....PETITIONERS
        (BY SHRI AYUSH CHAURASIA - ADVOCATE)
        AND

         STATE OF MADHYA PRADESH THROUGH
         POLICE STATION BHANDER DISTRICT DATIA
         (MADHYA PRADESH)
                                                                                   .....RESPONDENT
        (BY SHRI VEERENDRA SINGH PAL - DY. ADVOCATE
        GENERAL AND SHRI APS TOMAR - PUBLIC PROSECUTOR)
---------------------------------------------------------------------------------------------------------------
      This revision coming on for admission this day, the court passed the
following:
                                ORDER

1. The present revision petition under Section 397 and 401 of Cr.P.C. is

preferred by the petitioners being crestfallen by the order dated 21-08- 2023 passed by the trial Court (Sessions Judge, Datia) in S.T.No.92/2023 whereby the charge under Section 306 of IPC has been framed against the petitioners.

2. Precisely stated facts of the case are that according to Hindu Rites and Rituals, marriage of petitioner No.3 and deceased namely Smt. Rachna Sahu was solemnized on 20-01-2014. Petitioner No.1 is father-in-law and petitioner No.2 is mother-in-law of the deceased Rachna Sahu. After marriage some domestic dispute prevailed between the parties and thereafter on 13-03-2023 Rachna Sahu committed suicide by hanging herself. Since the death was unnatural therefore, Marg was registered under Section 174 of Cr.P.C. in which statements of concerned witnesses were recorded. Thereafter, FIR at crime No.131/2023 for offence under Sections 306 and 34 of IPC has been registered against the petitioners.

3. It is the submission of learned counsel for the petitioners that only on the basis of omnibus allegations, case has been registered. 9 years have passed since solemnization of marriage and therefore, offence under Section 304-B of IPC was not investigated into and in its place offence under Section 306 of IPC has been imposed upon the petitioners. Elements of abetment as per Section 107 of IPC is not available, therefore, trial Court wrongly framed the charges under Section 306 of IPC against the petitioners.

4. It is further submitted that no specific allegations have been levelled

so as to conclude that petitioners No.1 and 2 in-laws and petitioner No.3 husband of the deceased committed the offence of abetment. There are innocent. No inference can be drawn about their culpability, therefore, charge against them deserves to be relooked and petitioners be discharged. He relied upon the judgments of Apex Court in the case of Gurcharan Singh Vs. The State of Punjab, (2020) 10 SCC 200, Jagdishraj Khatta Vs. State of Himachal Pradesh, (2019) 9 SCC 248, Mangat Ram Vs. State of Haryana, AIR 2014 SC 1782 and SS. Cheena Vs. Vijay Kumar Mahajan and others, (2010) 12 SCC 190.

5. Learned counsel for the respondents opposed the submissions and submitted that at this stage innocence of petitioners and nature of evidence against them cannot be appreciated. Case is made out for trial and therefore, petitioners are required to be tried.

6. Heard.

7. This is a case where petitioners are facing the allegations for offence under Sections 306 and 34 of IPC. Initially, Marg was registered. Enquiry was held and thereafter FIR was registered. Statements of Marg indicate allegations against the petitioners therefore, FIR has been registered against the petitioners. Not only this, the statement of child Avani Sahu refers the quarrel between her mother and father. Therefore, it cannot be presumed that relationship was altogether smooth one. Besides that, death has been occurred in her matrimonial home and therefore, presumption was against the petitioners.

8. Even otherwise, abetment has very subtle layer and it does not mean only harassment or physical abuse but in a very subtle manner, victim can be goaded or pressurized to commit suicide. When family dispute was existing then it cannot be out rightly inferred about the innocence of petitioners. At this stage, it is not to be seen whether trial would result in acquittal or not. Only allegations are to be seen to the extent whether case is made out for trial or not. Here, it appears that petitioners role is required to be explored in trial. The judgments relied upon by the petitioners move in different factual realm.

9. Here, at this stage, no specific finding can be given about culpability or involvement of petitioners in specific term. Looking to the nature of allegations and scope of revision against the order of framing of charge, no interference can be made. Petition sans merits and is hereby dismissed.

(Anand Pathak) Judge Anil*

ANIL Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT

KUMAR OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8512f40a1a9eaa50b6802d068b51da e27e84c266b09d283f0799e67cdc7df50f,

CHAURASIY pseudonym=F7E569EA2A8955818DF870B0C5 0764B46C526E80, serialNumber=EC534CBB3B245F050119F06F4 A296DD83C765A1E2ACC6EC7D8BD8CBCC9C

A 2446E, cn=ANIL KUMAR CHAURASIYA Date: 2023.10.04 19:11:27 +05'30'