SURESH KUMAR GUPTA,J. - (1.) This criminal revision has been filed by the revisionist against the order dated 27.11.2018 passed by IXth Addl. Sessions Judge, Mathura as well as consequential order dated 29.11.2018 by which learned trial judge rejected the discharge application of the revisionist bearing paper no. 16 Kha dated 7.9.2018 filed under section 227 Cr.P.C. vide order dated 27.11.2018 and without providing any breathing time to the revisionist framed the charges against him on 29.11.2018 in S.T. No. 66 of 2018 (State Vs. Govind Soni and Others) under section 306 I.P.C. Police Station Mahavan, District Mathura arising out of Case Crime No. 182 of 2015 pending in the court of IXth Addl. Sessions Judge, Mathura.
(2.) Brief facts of this case as per First Information Report is that the first informant's nephew namely, Nirmal Kumar, was a teacher at Purva Madhyamik School, Kinarayee and living with his family at Ashok Vihar Colony, Mathura. Whereas the revisionist, Govind Soni, who happened to be deceased's brother-in-law and co-accused, Brijesh Dixit, both have evil eyes on deceased's wife, Smt. Bhagwati, and also coerced her to see with their wrong intention. It is asserted that when Bhagwati threatened them to complaint against them, the revisionist lodged a false report at Police Station Sadar Bazar. And thereafter, the revisionist and co-accused, Brijesh Dixit have been continuously harassing and teasing the deceased, Nirmal Kumar, as they both knew that deceased, Nirmal Kumar, is a patient of high blood pressure and they also said that they were eventually seek out his wife and will keep on him impleading in frivolous cases. When deceased tried to confront the accused persons they challenge his manhood and said that he should kill himself or commit suicide. On 12.6.2015, one Sujeet Kumar saw the revisionist and co-accused chatting with Nirmal Kumar. Later on Sujeet Kumar received a whatsapp message about recovery of a dead body, at Gokul Dam and which is later on identified as dead body of deceased, Nirmal Kumar. Then Sujeet Kumar informed to the first informant (uncle of deceased) and the first informant identified the dead body of of Nirmal Kumar and lodged a report on same day at 9.45 P.M. against the revisionist and co-accused, Brijesh Dixit. Post mortem of the dead body of deceased was conducted and as per postmortem report of deceased, the deceased has died due to asphyxia as a result of drowning.
(3.) After lodging the First Information Report, the Investigating Officer conducted the Panchayatnama on 13.6.2015. During investigation on 19.6.2015, the investigating officer has recorded statement of Sukhbir and Jay Prakash. These independent witnesses have stated in their statements that deceased was mentally disturbed person and his treatment was going on in Agra. They further stated that deceased has left the place of Jay Prakash, who is the brother of deceased, and went somewhere in the morning and when he did not return, he tried to trace him. Investigating Officer of this case also recorded the statement of deceased's wife namely, Bhagwati, in which she has clearly stated that revisionist has evil eye on her and he mentally tortured her and she further stated that revisionist instigated her husband / deceased to commit suicide. It is further stated that only for torturing and harassing her husband / deceased, the revisionist has lodged a false N.C.R. No. 42 of 2015 under sections 323, 504 I.P.C. against the deceased. After conducting the investigation, the investigating officer submitted chargesheet against the revisionist, Govind Soni, and Brijesh under section 306 I.P.C. on 23.8.2015.;