TaxTMI 
TaxTMI 
2024 (8) TMI 1139
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....r dated 19/08/2013 was pleased to quash 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 materia....
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....ce of the applicant and whether material is sufficient to charge the Applicant 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 t....
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.... love with the Applicant. However to his dismay, the deceased realized the Applicant had fallen in love with one Rishabh Tandon. The Applicant started avoiding to meet the deceased. 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 th....
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....pset and he returned early to India from Australia. In fact the deceased was about to host a dinner and he was about to declare his plan to disassociate with the Applicant. 24. Servant and driver were also aware of the relationship between the deceased and the Applicant, their joint 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....
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....erein the deceased was residing. 33. There is statement of Richa Premprakash Gupta, who is sister of the Applicant. She was not aware about the love relationship in between them. She was aware about the incident in October 2011 about breaking of the laptop by the deceased on account of dispute with the Applicant. She has accompanied 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 th....
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....e details are as follows : - (i) Email dated 18/02/2012 at 3.24 a.m. - deceased has expressed his last request not to blame Reema for his action.(page no. 68) (ii) Email dated 18/02/2012 at 3.25 a.m. - wherein he has expressed the behaviour of Applicant as smart, ambitious, great leader etc. (page no. 70). Both the email were earlier to incident of committing suicide. 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 ....
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..... In para no. 12, it is observed as follows :- "Broken relationships and heart breaks are part of everyday life. It could not be said that the Appellant by breaking up the relationship with Kousalya and by advising her to marry in accordance with the advice of her parents, as he himself was doing, had intended to abet the suicide of Kousalya. Hence the offence under Section 306 is made out." 44. Whereas in case of Ku. Pooja Chopra and Others (supra) there is suicidal 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 di....