- (1.) This revision petition has been filed by the wife of the late complainant of FIR No.156, dated 27.12.2008, lodged at Police Station GRP-Faridabad, in respect of offences punishable under Sections 306, 309 IPC and under Section 3 of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, the complainant himself having since died. The petition seeks setting aside of the order of the learned Addl. Sessions Judge, Kurukshetra, dated 22.09.2012, by which the application filed by the present petitioner and her late husband (complainant of the FIR), was dismissed. The application sought that a charge for an offence punishable under Section 302 IPC be framed against the accused, i.e. the present Respondent no.1, Vipan Kumar, on account of the death of the daughter of the complainant and the present petitioner, in view of the circumstances surrounding her death.
(2.) The facts of the case are that the FIR was lodged on 27.12.2008, on the statement of Chhotan Lal son of Jee Ram, resident of Panjokra Ka Majra, Police Station, Farakpur, District Yamuna Nagar, to the effect that he had three children of whom the eldest was a daughter, Monika Karanwal. The said elder daughter, after having passed her matriculation examination, was studying in the 1st Semester of the Computer Trade in Bhagwan Parsu Ram Polytechnic College, Masana. Along with her, a cogirl student named Neeraj, resident of Ambala, and a boy student, Vipan Kumar, resident of Village Alika near Palwal, were also studying in the college. As per the FIR, a complaint had been earlier lodged against Vipan Kumar (present Respondent no.1) for teasing Monika, upon which the complainant had gone to the college and advised the boy to "become wise". The contents of the FIR further are, that after admission in the College, Monika started to reside with her maternal grandfather at Village Barara, District Ambala and on 24.12.2008, she went to college from the house of her maternal grandfather. On that very day, at about 11.00/11.30 a.m., Monika is stated to have used the phone of her friend (girl) Neeraj, to ring up her mother, i.e. the present petitioner Saroj Bala, telling her that she would come home on that day as there was a two day holiday. However, Monika did not turn up till late in the night, upon which the complainant spoke to her maternal grandfather and discovered that she had not reached Village Barara either. On the next day, i.e. 25.12.2008, the complainant is stated to have searched for his daughter and it was learnt by him, from her college, that she had actually left the college the previous day. He is also stated to have searched for Vipan Kumar who was also not found to be available. The next day, i.e. 26.12.2008, as stated in the FIR, information was received by the complainant and his family by telephone that a dead body crushed by a train was lying at Hodal station near Palwal and that the Railway Police at Palwal had taken action in the matter. Having contacted the Railway Police, he reached Palwal on 27.12.2008, along with his brother Narinder Kumar and had identified the body of his daughter at the mortuary of the Civil Hospital. He gave her age there as 15/16 years. The allegation in the FIR further is that Monika was "taken from the college in love net" by Vipan Kumar son of Kishanbir, caste Jat, resident of Village Alika, District Palwal, but later on because of the fear of parents and "social limits", they went somewhere else and Monika was then instigated by Vipan Kumar to commit suicide by jumping in front of a train at Hodal Railway Station. The allegation is that though Monika jumped in front of the train and was killed on the spot, Vipan Kumar saved himself and, as such, the death of the complainants' daughter took place by Vipan Kumar compelling her to commit suicide and thereby abetting such suicide. He consequently prayed that action be taken against Vipan Kumar.
(3.) Consequently, the proceedings which were initially taken by the Railway Police upon discovery of a dead body of a "naked girl", under Section 174 Cr.P.C., were converted into an FIR with an offence punishable under Sections 306, 309 IPC, having found to be made out.;