1 / 3 2025:CGHC:1988 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 49 of 2025 1 - Bhupat Kumar Verma S/o Late Kamal Ram Verma Aged About 33 Years 2 - Smt. Bijhwarin Bai Verma S/o Late Kamal Ram Verma Aged About 59 Years 3 - Tulesh Kumar Verma S/o Late Kamal Ram Verma Aged About 25 Years All R/o Bajguda Police Station Chhuikhadan District - K.C.G. (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through The District Magistrate K.C.G. District - K.C.G. (C.G.) ... Respondent For Applicants : Mr. Shivendu Pandya, Advocate For State : Mr. Karan Behrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 1. Heard on I.A. No.2 which is an application for condonation of delay in filing the instant revision. 2. On due consideration and being satisfied with the reasons stated in the application (I.A. No.2), the same is allowed and the delay of 163 days in filing the revision is condoned. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.22 16:43:05 +0530 2 / 3 3. With the consent of learned counsel for the parties, the matter is heard finally. 4. The instant criminal revision has been filed by the applicants challenging the order dated 10/04/2024 passed by the Additional Sessions Judge, Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) in Sessions Case No.15/2024 whereby the charge under Section 306/34 IPC has been framed against the applicants. 5. The prosecution case in brief is that the deceased namely Smt. Rekha Bai Verma committed suicide by consuming poison on 20/06/2023 thereafter a merg was lodged by the police on 21/06/2023 and on the basis of the merg report, the FIR was lodged by the police station-Chhuikhadan, District K.C.G. on 05/01/2024 against the applicants for the offence punishable under Section 306/34 IPC. It is alleged that the present applicants tortured the deceased on account of giving birth to the female child and they used to make taunts on the deceased, on account of the same, the deceased committed suicide by taking poison on 20/06/2023. During the course of investigation of merg intimation, it was revealed that on the date of incident the applicants had created the dispute regarding the birth of girl child and they abused her due to which the deceased committed suicide by taking the poison on 20/06/2023. 6. Learned counsel for the applicants would submit that there is no evidence in the present case which would indicate that the applicants instigated, engaged in any conspiracy. He would next contend that there should be clear evidence for framing the charge of abetment. He would next contend that there is delay in lodging the FIR and no plausible 3 / 3 explanation has been given with regard to delay, therefore, the order of framing charge deserves to be set aside. 7. Per contra, learned State counsel would submit that the order of framing of charge is well merited, which do not require any interference by this Court. 8. I have heard learned counsel for the parties and perused the documents. 9. The first and foremost contention of the learned counsel for the applicants is that the deceased committed suicide by consuming the poison on 20/06/2023 at night and died on 21/06/2023 and after 6 & ½ months on 05/01/2024 the crime number 09/24 has been registered by the police station. No doubt delay in FIR is a good ground for defence but not at the stage of framing of charge. On perusal of the charge-sheet prima facie case is made out against the applicants for the offence punishable under Section 306 read with Section 34 of the IPC. 10. In view of the foregoing discussions, the instant petition sans merit is liable to be and is hereby dismissed. SD/- (Arvind Kumar Verma) JUDGE ashu