Allowed

Rahul S/O Ramesh Khandare and Anr. v. the State of Maharashtra and Anr.

Bombay HC4 Nov 2019APPLN/1731/2019

Case brief

AI extract

What is this about?

This High Court allowed a criminal application quashing an FIR registered under Section 306 IPC for abetment of suicide. The Court held that post-mortem reports indicating interstitial pneumonitis and lack of external injuries made it difficult to establish suicide, and the chits were inadmissible. Proceeding against applicants would be an abuse of process.

What did the court decide?

Application allowed; FIR quashed; relief granted in terms of prayer clause B; rule made absolute.

Rahul S/O Ramesh Khandare and Anr. Vs the State of… — Quashing and FIR | Bombay HC (2019)

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Cri. Appln. No. 1731-2019.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1731 OF 2019

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Rahul S/o Ramesh Khandare, Age : 20 Years, Occu. Education, R/o. Jawla Khandarbhan, Tq. Basmat, Dist. Hingoli

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Sumedh S/o shankar Khandare, Age : 20 Years, Occu. Education, R/o. Jawla Khandarban, Tq. Basmat, Dist. Hingoli … APPLICANTS

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VERSUS

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The State of Maharashtra

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Through Investigation Ofcer, Basamt Police Station, Tq. Basmat ( Rural) Dist. Hingoli

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Sakharam S/o Shankarrao Jadhav, age : 41 Years, Occupation Agriculture, R/o. Jawla Khandarban, Tq. Basmat, Dist. Hingoli ..RESPONDENTS

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Advocates for the Applicants : Mr. M.N. Kolhe and Mr. G.J. Pahilwan

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APP for Respondent No.1 : Mr. R.D. Sanap Advocates for Respondent No.2 : Mr. V.P. Narwade and Mr. M.V.

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Narawade

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CORAM : T. V. NALAWADE AND S. M. GAVHANE, JJ.

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DATE : 04.11.2019.

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JUDGMENT (PER : T. V. NALWADE, J.) :-

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Rule. Rule made returnable forthwith. By consent heard

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both the sides for fnal disposal.

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Cri. Appln. No. 1731-2019.odt

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Present proceeding is fled for relief of quashing of FIR No. 175 of 2018, registered with Vasmat Rural Police Station, District Parbhani, for the ofence punishable under Section 306 read with Section 34 of the Indian Penal Code.

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The crime is registered on the basis of report given by one Shri. Sakharam Jadhav. The deceased Kishor was his son and he was aged about 18 years.

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On 25.11.2018, the deceased started complaining that he had feeling of giddiness. He was taken in Auto Rickshaw to the dispensary of Dr. Kondawar. Dr. Kondawar declared that Kishor was already dead. The dead body of Kishor was then buried at the local buried place on 25.11.2018 itself.

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After the burial, when the informant checked the belongings of Kishor, he noticed that in mobile hand set of the deceased, some pictures of chits. He then made more search and from the purse of the deceased he recovered two chits. In the chits, the deceased had written that he was in love with a girl. Sumed, applicant No.2 had realized that the deceased was in love and he had tried to convince the deceased not to go ahead with that afair. It was probably one way love. The brother of the said girl was close friend of the deceased and he also started feeling that he had committed mistake by falling

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Cri. Appln. No. 1731-2019.odt

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in love with the said girl.

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In the chits, the deceased has disclosed that when the brothers, real brother and cousin brother of the girl learnt about the love of the deceased, they gave beating to him. On 24.11.2018, he was again beaten and one Surawanshi had made video shooting of that beating. Due to beating, he felt insulted and he had taken decision to put an end to his life. In another chit, he has written that due to the applicants and others like Anand and Deshpal he was taking such decision.

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After the discovery of aforesaid chits and material, the father of the deceased felt that it is a case of suicide and so he approached police on 26.11.2018. Crime came to be registered for the ofence punishable under Section 306 read with 34 of the Indian Penal Code on the basis of this report. This Court has carefully gone through the papers of investigation. Papers show that after registration of the crime, there was exhumation of dead body and then post mortem of the dead body was conducted. No external injury was noticed during the post mortem examination. In internal examination, hemorrhage under scalp was noticed. The viscera was preserved for chemical analysis purpose and opinion was reserved after conducting post mortem examination. No

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Cri. Appln. No. 1731-2019.odt

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poison is detected in the viscera. In the record, there is opinion regarding cause of death as under :-

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‘’INTERSTITIAL PNEUMONITIS WITH PULMONARY EDEMA IN LUNG WITH CHRONIC VENOUS CONGESTION OF LIVER AND SPLEEN WITH CLOUDY CHANGE IN BILATERAL KIDNEY WITH EVIDENCE OF HEAD INJURY. ‘’

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The chemical analysis report shows that only sodium chloride was detected in the viscera. The record shows that the deceased was taken to a dispensary but no record from that dispensary, is collected by the police. In the police papers, there is also report of histopathology which is as under :-

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“ IMP : CONGESTION

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FINAL IMP = INTERSTITIAL PNEUMONITIS WITH PULMONARY EDEMA IN LUNG WITH CHRONIC VENOUS CONGESTION OF LIVER AND SPLEEN WITH CLOUDY CHANGE IN BILATERAL KIDNEY WITH CONGESTION OF KIDNEY WITH CONGESTION OF BRAIN WITH OTHER ORGAN SHOWING NO SPECIFIC LESION .”

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The aforesaid opinion cannot help the State if the case is fled against the present applicants for aforesaid ofence. It will be difcult to prove that it is a case of the suicide. If it is not suicide, then so called chits cannot be admitted in the evidence under Section 32 of the Indian Evidence Act.

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Cri. Appln. No. 1731-2019.odt

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Even if it is presumed that the deceased had fallen in love with a girl and the brothers of the said girl were against this conduct of the deceased and then they had given him beating, due to such incident, inference is not possible that the person who had given beating had abetted the suicide, if it was suicide. Due to all these circumstances, this Court holds that it will be abuse of process of law, if case is fled for the aforesaid ofence against the present applicants and they are made to face the trial for the aforesaid ofence. In the result, following order :-

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ORDER

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Application is allowed.

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Relief is granted in favour of the applicants in terms of prayer clause ‘B’.

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Rule made absolute in above terms.

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( S. M. GAVHANE, J. ) ( T. V. NALAWADE, J. )

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YSK/

Rahul S/O Ramesh Khandare and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Rahul S/O Ramesh Khandare and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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