Puttu Lal and Others vs State of U.P. and Another

Ravindra Singh, J.—This application has been filed by the applicants Puttu Lal, Govind Singh, Yad Ram, Asha Ram and Smt. Prema Devi with a prayer to quash the proceedings of Criminal Case No. 3043 of 2010 arising out of charge-sheet submitted in Case Crime No. 939 of 2010 u/s 306, I.P.C. P.S. Kotwali district Mainpuri pending in the court of learned C.J.M., Mainpuri.

The facts, in brief, of this case are that the F.I.R. has been lodged by O.P. No. 2 Vipin Kumar at P.S. Kotwali district Mainpuri on 6.6.2010, at 2.50 p.m., in respect of the alleged incident dated 3.6.2010 alleging therein that the deceased Hind Raj Singh, elder brother of the first informant, was married with the deceased Smt. Akhilesh Kumari about 2 years prior to the alleged incident. The applicants were torturing and compelling to the deceased Hind Raj Singh to live separately from other members of the family, they were hurling abuses and extending threat to implicate in the dowry case, under compelling circumstances the deceased Hind Raj Singh alongwith his wife started living separately in the house of one Zorawar Singh, the deceased Hind Raj Singh was beaten by the brother of his wife, the deceased Hind Raj Singh was serving in the C.R.P.F. Motihari (Bihar), he had come on leave for 40 days, his wife was residing at her parent''s house and appearing in the examination of B.A. III year, the deceased Hind Raj Singh went there the applicants pressurised the deceased Hind Raj Singh to sell his share in the house of his parents and to build own house by purchasing the land which was denied by the deceased Hind Raj Singh, due to which he was threatened by them on 30.5.2010 that in case he does not sell his share in parent''s house, he and his family shall be sent to jail by implicating them in dowry case, it was revealed by him to the first informant that he was too much disappointed because he was misbehaved, regularly tortured by the applicants for three days. The deceased Hind Raj Singh was compelled to commit suicide. Ultimately in the noon of 3.6.2010 he and her wife committed suicide by shooting themselves by licensed revolver, but before committing suicide he left a suicide note also, in which he made allegation against the applicants that due to the torture committed by the applicants, he and his wife committed suicide.

According to the post-mortem examination report the deceased Hind Raj Singh has sustained firearm wound of entry on right side scalp having blackening and tattooing around the wound and its exit wound on left side scalp about left arms The deceased Smt. Akhilesh Kumari had sustained firearm wound of entry on the left side chest having blackening and tattooing around the wound on the chest and exit wound on left side back of chest, during investigation the Investigating Officer recorded the statement of the witnesses Vipin Kumar, Zorawar, Rahees Pal, Sri Krishna, Tota Ram, Shambhu Dayal, Dori Lal, Constable Raghubir Singh, Constable Vijai Kumar, Constable Ashfaq Khan, Dr. S.K. Jauhari and N. S.K. Mehra, the Sub-Inspector (Investigating Officer) of this case and submitted the charge-sheet dated 30.6.2010 in the Court. The learned Magistrate concerned has taken the cognizance on 19.8.2010.

Heard Sri Ajai Vikram Yadav, learned Counsel for the applicants, learned A.G.A. for the State of U.P.

It is contended by the learned Counsel for the applicants that applicant No. 1 Puttu Lal, is the father of the deceased Smt. Akhilesh, applicant Govind Singh, Yad Ram and Asha Ram are the brother of the deceased, Smt. Akhilesh Kumari and applicant No. 5 Smt. Prema Devi is the mother of the deceased Smt. Akhilesh Kumari, in the said incident, Smt. Akhilesh Kumari and her husband Hind Raj Singh, sustained gun shot injury, they died on the spot, the revolver of the deceased Hind Raj Singh was recovered from his room. There is no credible material collected by the Investigating Officer to disclose the commission of the offence punishable u/s 306, I.P.C., in the present case, applicant Puttu Lal also moved an application u/s 156(3), Code of Criminal Procedure against O.P. No. 2, 5 and others making allegation against them that they committed the murder of the deceased Smt. Akhilesh Kumari with the help of the deceased Hind Raj Singh, thereafter, committed suicide. The present story is not reliable at all, the applicants are respectable persons, they have been falsely implicated in the present case and without doing proper investigation the charge-sheet has been submitted on which the learned Magistrate concerned has taken cognizance, therefore, the proceedings pending against the applicants in the above mentioned case may be quashed.

In reply to the above contention, it is submitted by the learned A.G.A. that the F.I.R. lodged against the applicants, they compelled the deceased Hind Raj Singh to commit suicide, ultimately the deceased Hind Raj Singh and his wife Smt. Akhilesh Kumari committed suicide, the material collected by the Investigating Officer prima facie discloses the commission of the offence punishable u/s 306, I.P.C. the deceased Hind Raj Singh has left a suicide note also, which has been made part of the investigation, Investigating Officer has not committed any error in submitting the charge-sheet, the learned Magistrate concerned has not committed any error in taking cognizance, the present application is devoid of merits, the same may be disposed of.

Considering the facts, circumstances of the case, submission made by the learned Counsel for the applicants and from the perusal of the record it appears that in the present case, son in law of the applicant Nos. 1 and 5, and brother-in-law of applicant Nos. 1, 2, 3, 4 namely Hind Raj Singh alongwith his wife, Smt. Akhilesh Kumari, committed suicide on 3.6.2010, the inquest report was prepared on 3.6.2010 and on 4.6.2010 the post-mortem examination on the dead body was conducted, the deceased Hind Raj Singh sustained firearm wound of injury on right side scalp, having its exit wound on left side scalp, the entry wound was having blackening and tattooing, the deceased Hind Raj Singh had sustained firearm wound of entry on left side chest, having its exit wound on the back of the head side chest injury was having blackening and tattooing, the suicide note was also found at the place of occurrence, which has been made part of the investigation in which the specific allegation have been made against the applicants, the Investigating Officer recorded the statement of other witnesses also, material collected by the Investigating Officer during investigation is prima facie disclosing the commission of the offence u/s 306, I.P.C. The Investigating Officer has not committed any error in submitting the charge-sheet, the learned Magistrate concerned has also not committed any error in taking cognizance. The application filed by the applicant Puttu Lal u/s 156(3), Code of Criminal Procedure is having different version, it may be used by the applicants in their defence. There is no good ground to quash the proceedings of the above mentioned case, is refused.

However, it is directed that in case the applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of expeditiously in accordance with law.