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TMI Blog2024 (8) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... the F.I.R. against the father. That is how charge-sheet is filed only against the present Applicant-Reema. 3. The first informant-Navin Kumar is a maternal uncle of deceased-Manish Malhotra. His nephew Manish suicide by consuming cyanide in the intervening night of 19/2/2012 and 20/2/2012. Initially Amboli police station registered the death as accidental death. He was required to file Criminal Writ Petition No. 1742 of 2012. The Division Bench find favour with him and "transferred the investigation to an independent investigating agency and direction was given to investigate by an officer not below the rank of Assistant Commissioner Police Crime Branch". 4. Later on crime branch investigated the offence and filed charge sheet against this Applicant and his uncle for the offences punishable under Sections 306, 420 read with 34 of IPC. Discharge application before trial court 5. An attempt was already made to seek discharge before the Court of the Additional Sessions Judge, Greater Mumbai. However, it was rejected as per Order dated 10/04/2015. The findings of the trial court are as follows :-- "on consideration of material collected during investigation, it prima facie appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant for abetment of this suicide. 12. The charge-sheet consists of statements, panchnamas and other documents. The statements of witnesses consist of persons :-- a. who are the employees of the Company, who are aware of the relationship between Applicant and deceased Manish. b. statements of personal staff of the deceased. c. statements of friends of the deceased. d. statements of owner of the flat, CCTV operator, a girl with whom the deceased has interacted for marriage. e. statements on the point of purchase of cyanide by the deceased. The Police have seized digital evidence, photos and have carried out panchnamas. They are :-- a. of seizure of laptop of deceased and the applicant. b. of seizure of mobiles of deceased and the applicant. c. seizure of photographs showing both of them. d. of inquest and spot panchanama. 13. I have read them. It indicates their business relationship and it transformed into love relationship. It is true, both of them have intruded in their private life. They have stayed together, toured together to foreign countries. Even Applicant was pregnant. It was terminated in the month of September 2011. However, their relationship is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceased. Even though they have decided to celebrate Valentine day at Maldives, however, the Applicant went alone and she was accompanied by Rishabh Tandon. Lastly, both of them met on 19/02/2012 at Novatel hotel. 19. Due to frustration deceased put an end to his life by consuming cyanide. He committed suicide in his flat at Meadows building lokhandwala Andheri. His servant Das was present in that flat. Intimation was given to Amboli Police Station. Initially, Police registered the death as an accidental death. There is inquest and spot panchnama. The present F.I.R. came to be registered on 31/08/2012 under Sections 306 and 420 read with 34 of the Indian Penal Code as per the directions given by the Division Bench on 28/8/2012. Submissions 20. Learned APP, Miss Hingmire and learned Advocate Ms. Kantawala have invited my attention to various statements and the documents. According to learned Advocate Ms. Kantawala even if these documents are accepted as it is, it cannot be said that the Applicant aided the deceased to commit suicide. 21. With their assistance, I have read all the statements and panchnamas. The following are the panchanamas :- a) The panchnama about production ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t stay, visiting foreign countries together. On the instructions of the Applicant, driver Gaud driven the car at certain places and deceased also accompanying them. On 17/2/2012, 18/2/2012 and lastly on 19/2/2012, driver Gaud took the deceased and the Applicant at certain places. On 19/2/2012 at 11.30 p.m., driver Gaud dropped the girl/Applicant at Village Amboli. 25. Servant Birendra Das of the deceased is also very much aware about business and personal relationship of the deceased and the Applicant. Even he is aware of their joint stay in one bedroom on several occasions. It was in the flat at Meadows Tower, Mhatarpada. He is aware about attending a joint dinner by the deceased and the Applicant on 19/2/2012 and the deceased returned home at 12 in the midnight. Mr. Das noticed deceased was unhappy. About incident of suicide 26. The deceased committed suicide in the intervening night of 19/2/2012 and 19/2/2012 in the flat at Meadows Tower. Police has carried out spot panchanama and seized certain articles including one plastic glass and another glass and one plastic bag. The chemical analyzer in his report dated 16/8/2012 has noticed sodium cyanide on those articles. Knowled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccompanied the deceased-Manish for a dinner on 18.02.2012. She has realized about unhappiness of deceased Manish on account of desire of the Applicant to marry Rishabh Tandon. Consideration of above materials 34. Perusal of all these statements do suggest about intimate relation in between deceased and the Applicant. Both were closely related and the Applicant was also pregnant. We are not aware whether this relationship was with intention to marry each other or otherwise. The statements do reveal that in the month of February 2012 itself Applicant has decided to severe the relationship with the deceased and to follow a new path. The statements further revealed deceased was upset with this decision. The statement further indicates lastly, both of them met each other at Novatel hotel i.e. in the intervening night of 19.02.2012 and 20.02.2012. It is true there are no statements of any person from the Novatel hotel. It is very well true that the Police could not ascertain which is the source of cyanide for the deceased. The CCTV recording from cameras installed in Meadows tower was not available as the recording got erased due to passage of time. Servant Das though says about recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 37. According to her, after the reading the message dated 20.02.2012, her client called the servant Das. It is no doubt true that Mr. Das has stated about receipt of the phone call from the Applicant. No doubt at this stage we can read the emails and text messages. But we can't accept the explanation given by the Applicant for opening up the email account. 38. When the emails dated 18.02.2012 (2) and email dated 20.02.2012 are perused, we can very well say about good feelings of deceased towards the Applicant. The relevant extracts are as follows: a) My last request is not to blame Reema for this action. I will be most hurt then. (page no. 69) b) He has also referred his uncle Navin as his mentor guide inspiration for work. (page no. 70) c) He has also referred to Richa (sister of the Applicant). She is in process of learning and described her as a good worker. d) Please note this email should not reflect a criminal offence or nor anyone be blamed for it. 39. According to learned Advocate Ms. Kantawala, there may be dispute amongst themselves and without admitting even if it is presumed that the deceased due to frustration committed suicide however according to her pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idal note by the deceased. After reading it, it was observed that there was nothing in the suicide letter to suggests that the Applicant have made such an atmosphere that there was no option left for him but to commit suicide. In para no. 31, the High Court has considered various contingencies of suicide that it cannot be said that it falls with the abetment. 45. In case of Kewal Krishnakant Vishwakarma (supra), the Applicant-accused was discharged for an offence punishable under Section 306 of the Indian Penal Code. The provisions of Sections 107, 109 and 306 of the Indian Penal Code are discussed. 46. Learned single Judge of this Court in case of Mangal Kashinath Dabhade and Anr.(supra) was pleased to discharge the Applicant for an offence punishable under Section 306 of the Indian Penal Code. 47. Even in case of Anagha Hitesh Arya (supra), learned single Judge of this Court was also pleased to set aside the Order of the framing of the charge. 48. On perusal of the above statements, it is clear that both were doing business jointly. Both were in love with each other. Both have stayed together also and even both have decided to marry. It is also true that there are certain dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due to the decision of the Applicant, we cannot say that she has intentionally aided the deceased to commit suicide. A person may not like decision of another person. Ultimately whether to continue business or personal relation is choice of the parties. If other party may not like that decision and if he puts to an end to his life, it does not fall within the meaning of the intentionally aiding under Section 107 of the Indian Penal Code . 55. The learned trial Judge has failed to consider the provision of Section 107 of the Indian Penal Code. Learned Judge has failed to consider the absence relationship in between acts alleged and the consequence. 56. Merely on account of the dispute, it cannot be said that it can be abetment. This Court has taken this view after perusing the statements and panchnamas on one hand and considering the ingredients of the Section 306 read with Section 107 of the Indian Penal Code on the other hand. 57. When material ingredients are lacking, there is no point in asking the Applicant to face the trial. I am inclined to allow the revision, hence following Order :- ORDER (i) Revision application is allowed. (ii) The Order dated 10/04/2015 passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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