The High Court of Rajasthan considered a leave to appeal against an acquittal under Section 306 IPC. The court dismissed the application, holding that the trial court correctly found no contact between the accused and the deceased, thus negating the prosecution case.
The application seeking leave to file an appeal was dismissed as being devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crml Leave To Appeal No. 292 / 2016
State of Rajasthan.
----Appellant
Versus
Mukesh Kumar S/o Dalichand Ahari Meena, R/o Balua Falla Barodi, P.S. Sarada, Udaipur at present H.No.-52, Hind Vihar Colony, In front of Meldi Mata Mandir, Sawina, P.S. Hiranmagri,
Udaipur.
----Respondent
_____________________________________________________ For Appellant(s) : Mr.OP Rathi, PP. For Respondent(s) : Mr.Deepak Menaria.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
06/07/2017
The instant application has been preferred by the State of Rajasthan under Section 378(iii) & (i) Cr.P.C. craving leave to file an appeal against the judgment dated 12.8.2016 passed by the learned Additional Sessions Judge No.4, Udaipur in Special Sessions Case No.104/2014 whereby, the accused respondent was acquitted of the charge under Section 306 IPC.
I have heard and considered the arguments advanced at the Bar and have gone through the impugned judgment as well as the original record.
As per the prosecution case, the respondent Mukesh Kumar,
(2 of 3)
[CRLLA-292/2016]
the deceased Ganesh Kumar Gameti and a girl named Sangeeta Parmar were in a triangular love affair. Ganesh committed suicide by hanging himself on a fan on 23.8.2014. On this, FIR No.383/14 came to be lodged by one Narendra Puri at P.S. Ambamata, Udaipur and investigation commenced. During the course of investigation, three suicide notes written by the decedased articles A/1, A/2 and A/4 were recovered and based thereupon, a chargesheet came to be filed against the respondent Mukesh Kumar as well as Sangeeta (against her, charge-sheet was filed in Juvenile Justice Board concerned as she was minor at the time of the incident). The trial Court proceeded to acquit the respondent Mukesh holding that the prosecution failed to prove that the deceased Ganesh and respondent Mukesh ever came into touch with each other so as to draw an inference that the respondent Mukesh instigated or abetted Ganesh to commit suicide. It was found and rightly so that it was a case of triangular love affair between the deceased, Sunita and Mukesh Kumar. However, it appears that the girl broke off the relationship with the deceased who became heart broken and committed suicide. As per the admitted prosecution case, there was absolutely no contact between the respondent accused Mukesh and the deceased Ganesh so as to make him liable for the offence under Section 306 IPC. The findings recorded by the trial Court are perfectly justified and based on proper appreciation of evidence available on record. The judgment of acquittal which is sought to be assailed in this leave to appeal does not suffer from any shortcoming either factual or legal so as to require interference by this Court.
(3 of 3)
[CRLLA-292/2016]
As an upshot of the above discussion, the instant application
seeking leave to file appeal is dismissed as being devoid of any merit.
(SANDEEP MEHTA)J.
S.Phophaliya/-
2 issues framed by the court
Whether leave to file an appeal should be granted against an acquittal in a case of alleged abetment to suicide.
Whether the prosecution proved that the accused instigated or abetted the deceased to commit suicide.
2 provisions across 2 enactments
State of Rajasthan
Mukesh Kumar
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
