Penal Code, 1860–Sec. 306 [Corresponding Sec. 108 of BNS, 2023]–Cognizance for the offence–Sustainability–Deceased committed suicide by jumping into a water body–In the proceeding u/s. 174, it was found that there were no injuries or marks of violence on his body–No explanation was furnished about the inordinate delay in lodging the FIR–It gives a reasonable suspicion over the genuineness of the allegations–Vague, bald and evasive allegations in the FIR without any allegation of wrong doing act–Complainant was not present at the time of alleged torture–Merely because there had been a discord between the petitioner-wife and deceased, and they were living separately, and that the husband committed suicide, it cannot be said that the wife was responsible for ending life of her husband–Impugned order is liable to be quashed and set aside.
