- (1.) This is an application under section 397/401 Cr.PC by the two applicants/revisionist, whose application for discharge have been rejected by the learned Additional Sessions Judge, vide order dated 31.7.2012.
(2.) The basic facts pertinent to the issue in question may be stated as follows:- The respondent no. 2 Vimla Tiwari lodged an FIR wherein she has made an allegations that her son was married with the daughter of the Sudama Pandey. After the marriage the couple were living in Faridabad. On 4th March, 2007 on the occasion of Holi they came to Varanasi. From there her daughter-in-law Ritu Pandey went to her parental house along with her father Sudama Pandey. Thereafter, she was not sent back by Sudama Pandey and he threatened respondent no.2/complainant and her late husband Dr. Ramnath Tiwari for their share in the property of Dr. Ramnath Tiwari, failing which, he threatened, to lodge the criminal case under the Dowry Prohibition Act and to rope all the family members in the said case. When his demand was not met, he initiated criminal proceedings. Because of the harassment at the hand of Sudama Pandey, her husband Late Dr. Ramnath Tiwari was in great distress and agony. Ultimately he could not bear the torture and humiliation and it lead him to suicide. Relevant, would it be to mention that at the spot of suicide a suicidal note was recovered which was alleged to be in the handwriting of the deceased. In the said note both the applicants have been mentioned to be responsible along with Sudama Pandey and his wife for his suicide. Consequent upon the First Information Report an investigation was made and the Police submitted a report under section 173 Cr.PC wherein they were charged under section 306/506 IPC. The applicant no. 1 Bhuneshwar Mishra and applicant no.2 Shyam Bihari Tiwari were also charged under the same section. They moved an application 5 Kha and 10 Kha under section 227 Cr.PC for discharge. The respondent no.2 filed her objections. By the impugned order the learned Judge has rejected the Discharge Application of the respondent no.1 and 2.
(3.) Learned counsel for the applicant submitted that both the applicants have been falsely implicated in the matter and in fact it was not the case of suicide by the deceased Dr. Ramnath Tiwari, he died of heart attack. He further submitted that the suicide note is a fabricated document and no reliance can be placed on the said note. He submitted that only in the suicide note the name of the respondent have figured and on the basis of the said note the applicants have been falsely implicated in the said case.;