Crl. Revision No. 245 of 2011 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. (1) Crl. Revision No. 245 of 2011 (O&M) Date of Decision: 16.8.2011. Ashok Kumar @ Pinka .......Petitioner Vs. State of Punjab ......Respondent (2) Crl. Revision No. 247 of 2011 (O&M) Pardeep Kumar and others .......Petitioners Vs. State of Punjab ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Arun Jindal, Advocate for the petitioner. Mr. G.S.Brar, Asstt. A.G., Punjab for the respondent. ..... SABINA, J. Vide this judgment, above mentioned two petitions would be disposed of as they have arisen out of the impugned order dated 8.12.2010. Learned counsel for the petitioner(s) has submitted that the petitioners had been booked for abetment of suicide committed by Raj Kumar on the allegations that the behaviour of the petitioners was cruel towards the deceased and the deceased was being harassed by the petitioners. The said allegations were not Crl. Revision No. 245 of 2011 (O&M) -2 - sufficient to proceed against the petitioners qua offence under Section 306 of the Indian Penal Code ('IPC' for short) Learned state counsel, on the other hand, has submitted that there were specific allegations in the FIR against the petitioners. Hence, the petitioners were liable to be prosecuted qua offence under Section 306 IPC. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. The prosecution story in brief is that the complainant was running the business of repair of the bicycles. Radha Rani wife of Gora Lal (brother of the complainant) took possession of the property belonging to Raj Kumar about two years ago forcibly in connivance with Pardeep Kumar, Janj Kumar, Nand Kumar, Vijay Kumar and Pinka. A civil suit was also pending against the said persons in the court at Sunam. When the possession of the house of the complainant was taken, the bed of Raj Kumar was kept outside and as a result of this, Raj Kumar used to sleep on the floor adjacent to the baithak. The deceased had told the complainant time and again that he was being harassed by Pardeep Kumar and others and they were not providing him any space to sleep. Raj Kumar had died due to the harassment meted out to him by the accused. After thorough investigation of the case, challan was presented against the accused under Section 306/34 IPC. Vide order dated 8.12.2010, charge has been framed against the petitioners qua offence under Section 306/34 IPC. As per the FIR, the petitioners had been harassing the deceased Raj Kumar and were not providing him enough space to sleep. Admittedly, as per the report of the chemical examiner, chlorocompound group of insecticides was consumed by the deceased. Thus, the deceased Crl. Revision No. 245 of 2011 (O&M) -3 - has died an unnatural death due to consumption of poison. Prima facie the petitioners were liable to be tried for an offence under Section 306/34 IPC. At this stage, it would not be appropriate to quash the criminal proceedings. The accused can take up all the pleas available to them during trial. No ground for interference by this court is made out. Dismissed. (SABINA) JUDGE August 16, 2011 Gurpreet