1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 4129 OF 2008 Meena W/o Uttamchandji Mittal @ Meena Rajesh Agrawal Versus The State of Maharashtra and another. *** Mr. Swapnil S. Rathi, Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/State. Mr. R. N. Kalani, Advocate for Respondent No.2. *** 1. Heard learned counsel representing accused/ Applicant Meena. The accused/ applicant Meena seeks to quash and set aside the process issued in R.C.C. No. 142 of 2007 for offence under section 306 I.P.C. and also seeks to set aside the order of learned Sessions Judge recorded in Criminal Revision No.87 of 2007 dated 4th October, 2008. 2. Initially marital relations between the accused Smt. Meena with Rajesh Ramprasad Agrawal is not in dispute. This Rajesh was the only son and carrying business in different commodities at Jintur. Rajesh, by consuming poisonous substance, committed suicide on 19th February, 2006. The entire family was in grief. It is canvassed by his father that after the death when he was searching shop of his son, he came across different 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. files, daily diaries, cassettes and got two fixed deposit receipts of his son and with the said receipts there was death note dated 15th February, 2006 recorded in the handwriting of his son in which his son pointed the agony he has undergone at the behest of his wife, as to how she was virtually insulting him in presence of the servants and even calling the husband to be incompetent. The husband saw that she was more keen in viewing television than performing household activities as a wife. The ultimate result was suicide leaving behind the suicidal note. Soon after receiving the note on 30th December, 2006, he has lodged complaint to the learned J.M.F.C., Jintur on 3rd January, 2007. 3. Learned Judge, after evaluating report found there is sufficient material to issue process. The chit was also taken into consideration for arriving at the conclusions. The sufficient grounds are found for issuance of the process for the offence under section 306 of I.P.C. The wife Smt. Meena did not agree to such process and challenged the same before the Revisional Court at Parbhani in Revision Application 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. No.87 of 2007. 4. The counsel took me to the death note of said Rajesh to illustrate that it is of a general character and does not indicate that it can be in the close proximity, however, the events narrated in the said death note and its date to be 15th February, 2006 indicate that the mental depression nursed by the husband was in aggravated form, he was virtually ruined by his wife and her allegations bereft him into eliminating his precious life. He has castigated her as to how she was misbehaving with him and his letter was addressed to the senior members in the family by starting with regards " मेरापणाम". At this stage, the letter need not be dissected to its genuineness or as to it could make out a case under section 306. The material which made available to the learned Judge, by the statement of the maid servant was sufficient for him to issue process. 5. The learned counsel for the accused/ applicant placed reliance to the judgment in the matter of "Bhagwan Das V/s Kartar Singh and others"[AIR 2007 SC 2045], to the matter of "Sonti Rama Krishna V/s Sonti Shanti Sree and another" [2008 AIR SCW 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 8254] and also to the judgment in the matter of "Netai Dutta V/s State of W.B." [AIR 2005 SC 1775]. In the matter of Bhagwan Das, the Lordships have dealt with as to the ingredients of section 306 and harassment of wife or by the husband or in-laws due to difference the fact situation in the said case was such that it cannot amount to attracting ingredients of section 306 read with 107 of I.P.C. since in the said matter the wife committed suicide on the trivial bickering in the matrimonial relations. In the matter of Sonti Rama the wife allegedly branded the husband to be impotent and ugly look. This made the husband to commit suicide. However, the Apex Court found the complaint was filed after 2-1/2 months of the incident. There were different versions about the recording of the incident with different timings. There was no suicide note to attract the involvement of the wife/ accused. Consequently, the benefit was given to the wife. In the matter of Netai Dutta there was no reference of any act or incident in the alleged suicide note whereby the accused has committed any willful act or omission or intentionally aided or instigated deceased in committing act of 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. suicide. 6. Now, reverting back to the facts of the case, the contents of alleged suicide note prima facie indicate that it was the willful conduct in question of the wife, torturous behaviour that was the root cause for the husband to commit suicide. This has been supported by the sworn-in testimony of maidservant and other person referred above. In the set of above facts, it cannot be said that there is any error on the part of learned Judge in issuing process against the accused. The learned Revisional Court also considered all the facts in the light of section 107 of I.P.C. and 306 thereof. The directions of issuance of process, exercised under section 204 of Criminal Procedure Code, was in terms of the primary evidence adduced before the learned Judge. No interference is called. Criminal application rejected. [K. U. CHANDIWAL, J.] Dated:31/07/2009. ans/4129