JUDGMENT 1. - This revision petition has been filed against the order dated 30.6.2011 whereby charges have been framed against the present petitioner for the offences under Section 304B Indian Penal Code or alternatively under Section. 302 I.P.C. 2. During the course of arguments, learned counsel for the petitioner has submitted that his objection is only regarding charge under Section 302 I.P.C. 3. The contention of the present petition is that from the material evidence available on record, it is clear that it is a simple case of suicide and there was no intention on the part of the present petitioner to kill the deceased and hence the charge under Section 302 Indian Penal Code is not justifiable. The panchanama of the dead body and postmortem report also show that it was the death due to hanging. It is a suicidal death and charge under Section 302 Indian Penal Code could not be made out. 4. The learned Public Prosecutor has submitted that the charges have rightly been framed against the present petitioner. 5. Heard learned counsel for the parties and perused the record. 6. In the F.I.R., it has been stated that the deceased has phoned to her mother that in-laws are beating her and in the statements of Chetan Das, Devi Das and Dilip Kumar, it has also been stated that the deceased has phoned them that the present petitioners are beating her but Pohumal, who is the neighbour of the in-laws house, has stated that the deceased has died due to hanging and all other witnesses have stated so. The postmortem report of the deceased goes to show that the cause of death is hanging. Had it been the case of intentional murder, the cause of death might have been beating or any other cause might have been assigned. The postmortem report also goes to show that there is no mark of injuries on the body of the deceased. Ligature marks were found on the neck and only a liner abraisan has been found on the body of the deceased. After investigation, charge-sheet has also been filed only for the offence under Section 304B I.P.C. 7. Hence, looking at the above, the charge under Section 302 Indian Penal Code, not sustainable.
Ligature marks were found on the neck and only a liner abraisan has been found on the body of the deceased. After investigation, charge-sheet has also been filed only for the offence under Section 304B I.P.C. 7. Hence, looking at the above, the charge under Section 302 Indian Penal Code, not sustainable. Accordingly, this revision petition is allowed and the impugned order to the extent of framing charge under Section 302 Indian Penal Code, is quashed and set aside and the petitioner is discharged of the offence under Section 302 I.P.C.Revision allowed. *******