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Madhya Pradesh High Court · body

2014 DIGILAW 1404 (MP)

Rani v. State Of M. P.

2014-10-31

M.C.GARG

body2014
ORDER : This order shall dispose of the aforesaid revision petition filed by the petitioners aggrieved by the order dated 20-9-2013 passed by the Sessions Judge Gwalior in Sessions Trial No. 474/11, wherein the trial Court has amended the charges by adding charges under section 302/34 and in alternative under section 304-B of Indian Penal Code against the petitioners. 2. As per the case of the prosecution, the informant Rohit gave an information at Police Station Indarganj on 2-5-2011, when the petitioner No. 4-Rohit was living with his wife Sana alias Nisha in Khallasipura, Shinde Ki Chawani and after his mother Smt. Rani left for Agra at about 9.00 p.m., he also left his wife at about 1.00 p.m. alone and went to Bada Lashkar. 3. As per the impugned order, the trial Judge amended the charges already framed against the petitioners who are the husband, mother-in-law and other family members of the deceased/wife of the petitioner-Rohit who is her husband under section 306 of Indian Penal Code to offence under section 302 and in the alternative under section 302/34 of Indian Penal Code and in the alternative under section 304-B of Indian Penal Code. The relevant discussion which appears in the impugned order while framing the aforesaid charges are as under :- 4. It has been submitted on behalf of the petitioners that even though on account of the death of the deceased having been taken place within seven years of her marriage and also allegations of treating her with cruelty on account of demand of dowry charges under section 304-B and section 304-B/34 Indian Penal Code are made out, it is stated that in the absence of any evidence to the fact that the petitioners were responsible for causing death of the deceased, charges under section 302 of Indian Penal Code are not made out. 5. I have heard the learned counsel for the petitioners as well as State counsel. 6. At the outset, I may observed that since learned counsel for the petitioners has not disputed framing of the charges under section 304-B and section 304-B/34 of Indian Penal Code against the petitioners in the facts of this case, the impugned order to that extent is upheld. 7. Now the question arises whether the evidence available on record makes of the case against the petitioners also under section 302/34 of Indian Penal Code. 8. 7. Now the question arises whether the evidence available on record makes of the case against the petitioners also under section 302/34 of Indian Penal Code. 8. In this case there is absolutely no evidence which may go to show that any of the petitioners in any way either caused any physical injury upon the person of the deceased which might have resulted in her death or had knowledge that any such injury caused by them is likely to cause death of the deceased. In fact, there is no allegation available on record that any of the petitioner caused any physical injury to the deceased. It is a case of suicide. 9. Even otherwise for the purpose of framing charge under section 302 of Indian Penal Code, it is necessary for the prosecution to prove that it is a case of culpable homicide. Sections 299 and 300 of Indian Penal Code which reads as under :- "299. Culpable homicide. - Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Explanation 1. - A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2. - Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3. - The causing of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. 300. Murder. - Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or Secondly. 300. Murder. - Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or Secondly. - If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or Thirdly. - If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or Fourthly. - If the person committing the act knows that is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid." A bare reading of sections 299 and 300, Indian Penal Code shows that the charges under section 302 of Indian Penal Code can only be framed against the accused, if the case is covered by the aforesaid provisions and the death has been caused by the accused of the deceased by inflicting injury which is likely to cause death or with the knowledge by such act the accused is likely to cause death, however in the present case, there is no evidence which may go to show that either the petitioners caused any injury upon the deceased or caused the same with an intention to cause her death or even with a knowledge that any such injury on the person of the deceased would certainly resulted in her death. 10. In the present case no such situation arises in fact the death is unnatural death and the petitioners cannot be said to be responsible for causing any injury leading to the death of the deceased. It seems it is a case of committing suicide. 11. In view of the aforesaid in the order dated 20-9-2013 to the extent that the charges framed by the trial court against the petitioners under section 302 or under section 302/34 of Indian Penal Code are set aside while maintaining amendment of charge under section 304-B and section 304-B/34 of Indian Penal Code. The trial court will frame the charges as per the aforesaid directions and will proceed with the same. The trial court will frame the charges as per the aforesaid directions and will proceed with the same. A copy of this order be sent to the court concerned for information and compliance.