Research › Search › Judgment

Andhra High Court · body

2005 DIGILAW 221 (AP)

Prasanth Kumar v. Superintendent of Police, Nellore District, nellore

2005-03-09

L.NARASIMHA REDDY

body2005
L. NARASIMHA REDDY, J. ( 1 ) THIS writ petition is filed seeking a declaration that the action of the respondents 1 to 3 in altering the provision of law indicated in FIR No. 150 of 2004 of atmakur P. S. , Nellore District, from Sec. 174 cr. P. C. to Section 306 IPC, is illegal and arbitrary. A consequential direction is sought for alteration of the provision to Section 302 ipc. ( 2 ) THE petitioner states that his sister, by name B. Vidhyadhari was married to the 4th respondent. It is alleged that she was illtreated and harassed by the 4th respondent. it is stated that on 3-12-2004, Vidyadhari hanged herself with a saree and died. FIR no. 150 of 2004 was registered on 3-12-2004. The provision of law indicated therein is Section 174 Cr. P. C. According to the petitioner, the 4th respondent committed the murder. He states that during the course of investigation, he made a complaint to the effect that the 4th respondent killed the deceased Vidhyadhari and that it is not a case of suicide. The petitioner complains that instead of mentioning Section 302 IPC, the respondents 1 to 3 have indicated 306 ipc, in the FIR. ( 3 ) THE learned Government Pleader for home, on the other hand, submits that the investigation is yet to conclude and unless there exists a clear and sufficient material to implicate the 4th respondent, Section 302 ipc cannot be invoked just for asking of it. ( 4 ) BEFORE undertaking the discussion on merits of the matter, one important aspect needs to be clarified. The petitioner proceeded on the assumption that section 174 Cr. P. C. , which was initially mentioned in FIR was altered to that of section 306 IPC. The same does not appear to be well founded. Section 174 Cr. P. C. does not by itself define an offence nor does it provide for any punishment. It is purely procedural in nature. It imposes an obligation on the police, to enquire and report in cases of suicide and other related matters. Obviously, this gets attracted whenever there is no complaint from any person in relation to a death, which takes place within the limits of a police station. With a view to ensure that an unreported or uncomplained of incident of suicide or death does not remain unattended to. Obviously, this gets attracted whenever there is no complaint from any person in relation to a death, which takes place within the limits of a police station. With a view to ensure that an unreported or uncomplained of incident of suicide or death does not remain unattended to. The legislature had imposed an obligation on police to undertake investigation and to draw up a report, as to the apparent cause of death duly describing the nature of wounds, fractures etc. , found on the dead body. The section has been amended through Act no. 46 of 1983, bringing in its fold the instances of death of woman as a result of suicide, if it is within seven years of marriage. ( 5 ) INVOCATION of Section 174 Cr. P. C. would only indicate the manner in which the cognizance of the matter is to be taken. The actual provision, which defines the crime and which provides for punishment, needs to be mentioned depending on the result and outcome of the investigation. Since section 174 Cr. P. C. on the one hand and various provisions of Indian Penal Code on the other, relate to different spheres. The question of one being altered to the other does not arise. The former is procedural, and the latter is substantive, in nature. ( 6 ) IT is on the basis of the investigation that respondents 1 to 3 have indicated section 306 IPC in the FIR. It is not as if the same is final. If the petitioner is able to assist the investigation and make available such material to the investigation, as is sufficient to implicate the 4th respondent for the offence under Section 302 IPC, it is always open to the investigating agency to make necessary amendments, up to the stage of filing charge sheet. Even after a charge sheet is filed, the Court trying the offence can alter the charge, if the evidence before it warrants such alteration. Therefore, no relief can be granted to the petitioner at this stage. If he is so advised, he can assist the prosecution, in this regard. Depending on the nature of the material that becomes available, and progress in the matter, the corresponding provision of law can certainly be invoked, either during the course of investigation or during the trial. ( 7 ) THE writ petition is accordingly disposed of.