Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1107 of 2011 ====================================================== Shri Mati Devi wife of Lakhichand Ram, resident of Mohalla-Mohan Bazar, Maharajganj, P.S.-Maharajganj, District-Siwan. .... .... Petitioner/s Versus 1.The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.The Home Secretary, State of Bihar, Patna 3.The Director General of Police, Government of Bihar, Patna 4.The Inspector General of Police, Patna 5.The Deputy Inspector General Police, Chapra 6.The Superintendent of Police, Chapra, District-Chapra 7.The Officer-in-charge, Amnour Police Station, District-Chapra. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 29-11-2012 In the present case, the prayer of the petitioner is to treat the written report, as contained in annexure-1 to the writ petition, as part of the first information report as well as to issue direction for taking appropriate action against the police officer, who has not treated the written report of the petitioner given on 28.9.2011 as the actual F.I.R. The petitioner is informant of Amnour P.S. Case No.85 of 2011 dated 28.9.2011 registered for the offence punishable under [STATUTE] . The first information report of the case has been brought on record and marked as annexure-2 to the writ petition. From perusal of the first information report, it appears that the oral statement of the Patna High Court CR. WJC No.1107 of 2011 (3) dt.29-11-2012 2 informant was recorded by the S.H.O., Amnour Police Station at 5 p.m. on 28.9.2011 at village Rasulpur. As per the allegations made in the first information report, the petitioner’s daughter, Mamta Devi, was married to the accused Nand Kumar Ram. Out of the wedlock, Mamta Devi was blessed with three daughters. On 28.9.2011 at about 2 p.m., she received a call on telephone that her daughter was unwell. She immediately rushed to village Rasulpur and reached there at about 4 p.m. She found the door of the room locked from inside. When she peeped through the window, she found that her daughter had committed suicide by hanging herself with aid of rope. Her three daughters, namely, Goldy Kumari aged about 12 years, Rimjhim Kumari aged about 8 years and Gyanvi Kumari aged about 5 years were lying dead on the Palang. The matter was informed to the police and in presence of the police, the Block Development Officer, the Circle Officer and the independent witnesses, namely, Ram Sundar Das and Raghunath Ram the door which was locked from inside was opened. It has further been alleged by the informant that it seems that Mamta Devi first poisoned her three daughters to death and, thereafter, she herself committed suicide. The motive, which has been alleged in the first information report, is that the petitioner’s son-in-law, Nand Kumar Ram, was engaged in some private job at Patna High Court CR. WJC No.1107 of 2011 (3) dt.29-11-2012 3 Ahmadabad where 5-6 years ago he had married to another lady. After his second marriage, he neglected the petitioner’s daughter and grand daughters. About 20-25 days ago Mamta Devi had gone to Ahmadabad to meet her husband. However, her husband did not meet her. Her father-in-law took her to his own house at Ahmadabad and subsequently sent her back to Rasulpur. It has further been stated in the fardbeyan that on 27.9.2011, in the evening, the petitioner’s daughter had a talk with her husband and after that she had locked the room from inside and, thereafter, poisoned her three daughters to death and committed suicide herself. In the present writ petition, the allegation has been made that the actual written report given by the petitioner has not been treated as first information report. Learned counsel for the petitioner submits that, as a matter of fact, the police took signature of the petitioner on a blank sheet of paper and, subsequently, recorded a concocted story and treated the same as first information report. On the other hand, learned counsel appearing on behalf of the State, submits that there is no truth behind the allegations made in the writ petition. The fact is that the aforesaid case was instituted on the basis of the oral statement of the Patna High Court CR. WJC No.1107 of 2011 (3) dt.29-11-2012 4 petitioner recorded at the spot i.e., the place of occurrence and the petitioner had not submitted any other written application. The fardbeyan, as a matter of fact, was recorded in presence of independent witness, namely, Krishna Ram. The door of the house was also opened in presence of the Block Development Officer and the Circle Officer of Amnour Police Station. Learned counsel for the State submits that it appears that, subsequently, the petitioner is trying to change the story by implicating some other family members. However, he submits that the police is investigating the case from all angles. The case is under investigation. If the informant has to divulge something new, she may approach the investigating officer of the case and acquaint him with such information. At the stage of investigation, the court has no role to play. The occurrence is said to have taken place some time in the night intervening between 27.11.2011 to 28.11.2011. The fardbeyan was recorded on 28.9.2011 at 5 p.m. at the place of occurrence itself. The first information report was instituted the same day at about 9.30 p.m. and from the endorsement made in the first information report it appears that a copy of the first information report was sent to the court on the very next day i.e., on 29.9.2011. Thus, it appears that there is no delay either in recording the statement or Patna High Court CR. WJC No.1107 of 2011 (3) dt.29-11-2012 5 in instituting the first information report or in transmitting the same to the court. The allegations made by the petitioner cannot be accepted to be true. However, if the pe

Applicable IPC Section: 306

Statute Text:
Section 306 of the Indian Penal Code. Abetting the Commission of suicide. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.