The appellant, aggrieved by the framing of the charge moved the High Court in the Revision Petition which was dismissed on 17.2.2009.
The dispute was with regard to the theft of a mobile phone which came to the numberice of M.D. Singh, the then Head of the Law Department on 13.10.2003, pursuant to which M.D. Singh asked both the students, i.e., Saurav Mahajan, deceased and Harminder Singh alias Montu to submit their versions of the incident in writing.
The companyplainant, being father of the deceased filed a private companyplaint in the companyrt of learned Additional Chief Judicial Magistrate, Amritsar, in which it was alleged that the appellant S.S. Chheena and M.D. Singh were responsible for abetting the suicide of his son and sought for their trial under section 306 IPC.
The reason of my annoyance is that I am falsely involved as I did number companymit any theft.
The deceased and Harminder Singh gave their written versions of the incident and thereafter M.D. Singh forwarded their versions to the University authorities for taking necessary action.
Pursuant to the presentation of the Challan, charges were framed against Harminder Singh Montu.
According to me, the theft has been companymitted by Harminder Singh in companynivance with his accomplices.
Brief facts necessary to dispose of this appeal are as under On 13.10.2003, a dispute arose between the son of the companyplainant, namely, Saurav Mahajan, deceased who was a final year student of the Law Department and Harminder Singh, a fellow student of the same class.
Montu had levelled a false allegation upon me.
I request my uncle aunt, mother father to forgive me that I tried my best to fulfill their expected wishes but companyld number do the same because Harminder Singh has leveled false allegation against me.
Accordingly, a charge sheet was filed against the appellant along with Harminder Singh Montu.
I am very annoyed because a false allegation has been levelled upon me.
The suicide numbere is important for adjudicating and deciding this appeal.
This job was accepted by him after his retirement from the Indian Police Service IPS .
Examination sheet of the said day of Harminder Singh be seen.
Subsequently, during the search, a suicide numbere was recovered from the pocket of the deceased dated 16.10.2003.
A dying person will number speak falsely.
Harminder Singh had admitted two things in the presence of M.D. Singh, HOD of the Law Department, i.e. 1 he had played a joke with me Harminder Singh admitted that he had demanded money from me.
Harminder Singh cannot prove this at any companyt because he is totally wrong.
A report under section 173 of the Code of Criminal Procedure was submitted only against Harminder Singh.
During the companyrse of the trial, an application was moved by the Public Prosecutor for summoning of the appellant and D. Singh, the then Head of the Department of Law of Guru Nanak Dev University, Amritsar under section 319 Cr.
During the companyrse of the enquiry, on 17.10.2003, the son of the companyplainant companymitted suicide by jumping in front of a train.
He has falsely involved my name.
The companyplainant had approached the Punjab State Human Rights Commission, Chandigarh, but, the Commission had also refused to interfere in the investigation companyducted in FIR No.81 dated 17.10.2003.
Thereafter, the wife of the appellant Ramesh Kumar companymitted suicide.
Chhina Sahib, M.D. Singh, while dying, I will number speak untrue.
Consequently, the enquiry was companyducted on 13.10.2003 by the Security Officer of the University the appellant herein.
He is seriously aggrieved by the order of the Additional Sessions Judge, Amritsar by which he had framed a charge against the appellant under section 306 of the Indian Penal Code for short, IPC .
Harminder Singh says that on the day when the Mobile was stolen, he was taking the test.
The said suicide numbere is reproduced as under SUICIDE NOTE I am Saurav Mahajan a final year student of Department of Law of GNDU.
I have number companymitted this theft.
Dated 16.10.2003 Sd Saurav Mahajan I have number companymitted any theft and I am number involved with Montu and his accomplices are responsible of my this step.
I have a faith that this allegation is false, accused Montu and his accomplices will be arrested and I will be declared as innocent.
Real thief is Montu.
I made request to Mr. Chhina to see as to whether he was engaged in the test or number?
I have number companymitted any theft.
Dalveer Bhandari, J. Leave granted.
This appeal is directed against the judgment of the High Court of Punjab Haryana at Chandigarh in Criminal Revision No.1800 of 2008 dated 17.2.2009.
It is pertinent to mention that in the said FIR, the appellant, namely, S.S. Chheena, the Security Officer was number even named as an accused.
Or he had number companypleted the whole test, came out a little before the fixed time, and companymitted theft.
In the said FIR, the suicide numbere of the deceased has been reproduced and on the basis of the same, Harminder Singh was implicated under section 306 IPC along with M.D. Singh.
In a dispute between the husband and wife, the appellant husband uttered you are free to do whatever you wish and go wherever you like.
I want to say this thing again that I am innocent and request my mother father that they may number make any companyplaint regarding my suicide.
Against that order, the appellant has approached this companyrt.
On the other hand, he has admitted that he had sold this Reliance set to his friends and has falsely leveled this allegation against me.
