BALVEER SINGH & ANR
STATE OF RAJASTHAN & ANR
The appellants in this appeal are the parents of one Abhimanyu Singh who was married to Renu on 24.02.2014. Renu was found dead on 27.11.2014 i.e. within ten months of the wedding. The cause of death was Asphyxia due to hanging. An FIR was lodged by respondent No. 2 herein (Father of deceased) alleging that Renu was done to death by her husband Abhimanyu Singh as well as his parents (appellants herein) for not satiating the dowry demands of the accused persons.
FIR has been registered under Sections 304-B and 498-A of the Indian Penal Code. The appellants claimed that it was a case of suicide by hanging committed by Renu. The matter was investigated which resulted in the filing of the charge sheet against Abhimanyu only, that too for committing the offense under Section 306 of the Indian Penal Code, namely, abetting the suicide committed by Renu. As per the Police Investigation, there were no dowry demands and no offense under Sections 304-B and 498-A of the Indian Penal Code was made out.
Instead, it was a case of suicide and at the most Abhimanyu could be charged with abetting the suicide committed by Renu. For that reason, no challan was filed against the appellants herein. On the filing of the aforesaid charge sheet by the Police on 24.02.2015, respondent No. 2 filed an application before the learned Judicial Magistrate, First Class, (JMFC) for taking cognizance against the appellants and Abhimanyu under Sections 304-B and 498-A of the Indian Penal Code.
This application was dismissed by the learned Magistrate vide order dated 11.03.2015. Thereupon, the learned Magistrate committed the case before the Sessions Court as the offense under Section 306 of the Indian Penal Code is triable by the Sessions Court. Before the Sessions Court, respondent No. 2 preferred a similar application once again. Here, respondent No. 2 succeeded in his attempt in as much as vide order dated 08.10.2015, the learned Sessions Court took cognizance for offenses punishable under Sections 304-B and 498-A of the Indian Penal Code and, in the alternative, Section 306 of the Indian Penal Code, against the appellants and their son. He, thus, directed the issuance of a bailable warrant against the appellants.
Aggrieved by the said order, appellants along with their son Abhimanyu approached the High Court. High Court vide its order dated 04.11.2015 remanded the matter back to the Sessions Court with a direction to hear the parties and pass further orders in the light of the judgment of this Court in Dharam Pal & Ors. V. State of Haryana and Anr.1.