VIJAY KUMAR VYAS, J. - (1.) By this criminal revision, petitioner has assailed order dated 23.5.2016 passed by learned Additional Sessions Judge No.1, (Women Atrocities Act Cases), Kota in Sessions Case No.13/2016, based on FIR No.33/2016 registered at Police Station Dadabadi, Kota whereby, the petitioner was charged for offence u/s 306 IPC.
(2.) Story of prosecution as emerged out after investigation is that deceased Kunika aged about 17 years was residing on ground floor with her parents - Ajay Sharma and Smt. Rama Sharma and brother Kunal Sharma. Umashanker Sharma - Grandfather of the deceased, Sanjay Sharma - uncle and Smt. Poonam @ Vimlesh (petitioner) - aunt of the deceased are residing on 1st Floor. Some students were also residing on rent on the ground floor. Since last three years, there is a dispute with regard to property between father and uncle of the deceased. On 28.12.2015 when Kunika sitting in Chowk was preparing vegetable for cooking, some garbage, inclusive of plastic cap and cluster of hair, thrown from 1st Floor, fell upon her head. Thereupon, Kunika turning his face up, warned to be careful while throwing garbage. In response, Poonam Sharma @ Vimlesh asked whether her head/forehead was broken, bleeded or injured, Kunika told her to talk with decency. Whereupon, aunt of Kunika said ...[VERNACULAR TEXT OMITTED]... When mother of the deceased tried to intervene, Poonam @ Vimlesh retorted that she is root of dispute and if she dies, it is better and asked the deceased "you go and jump into Chambal or take poison and die so that peace may be restored in the house". After sometime, hot talks ended. Deceased and her mother went away into the room. Mother of the deceased went to take bath. When she came out after hour from bathroom, she saw Kunika vomiting in the sink. Mother of Kunika called for help to the students living on the ground floor. They came there and took Kunika on motorcycle to Bharat Vikas Parishad Hospital and thereafter to Maharao Bheem Singh Hospital where she collapsed. FIR was registered on information given by father of the deceased. She had taken some insecticide which is used for conservation of crop. During investigation, a suicide note was recovered from dead body of Kunika, which is as follows : "Sorry ! Seriously aaj monday he mane subha se pani bhi nhi piya tha sach me bhagwan ksm but fir bhi chachi ne jo kiya galt kiya. Agar me ladi ki wajha hu to aaj se ye wajha khatam ho jayagyi ! Sorry sabko aur mummy papa bhaiya aapko hurt kiya to uske liya bhi sorry love u to all aur chini meri jaan terko bhi Bye Nd Hurt kiya ho to sorry. Love u my bestie. Bye forever ! Nd Sorry ! Sd/- Kunika"
(3.) Postmortem was conducted on the dead body. No external or internal injuries were found. Samples of viscera were collected and sent for test to the Forensic Science Laboratory. Medical Officer reserved his opinion with regard to cause of death till receipt of report of chemical analysis of viscera. The handwriting found on the suicide note was sent to the FSL for comparison with undisputed handwriting of the deceased. As per report of FSL dated 30.5.2016, disputed handwriting marked as "Q1" was having similarities with admitted handwriting marked as "A1 to A20".;