Vikas Kumar JaIn and Others Vs. Smt. Rita JaIn and Another

- indian penal code, 1890.section 306 :[dalveer bhandari & harjit singh bedi,jj] abetment of suicide deceased, a married woman, committed suicide - allegation of abetment of suicide against appellant husband and in-laws - ocular evidence was sketchy - dying declaration recorded by tahsildar completely exonerated all accused in-laws of any misconduct dispelling any suspicion as to their involvement - letter of threat allegedly written by appellant to father of victim was concocted piece of evidence held, though presumption against appellant can be raised, it cannot be said that onus shifts exclusively and heavily on him to prove his innocence. conviction of appellant is liable to be set aside. orders.p. khare, j.1. this is a petition under section 482 of the code of criminal procedure, 1973 (hereinafter to be referred to as the code) for quashing the complaint filed by respondent smt. rita jain on the ground that the court at bhopal has no territorial jurisdiction to entertain this complaint.2. in the complaint it is alleged that accused vikas kumar jain, vijay kumar jain and smt. sarla jain have committed the offence of criminal breach of trust which is punishable under section 406, ipc. a list of articles has been submitted alongwith the complaint. smt. rita jain was married to accused vikas kumar jain. according to the complainant the articles as per list annexure i were given by her parents to the accused persons and these articles are her stridhan property. one of the items is said to be bankdrafts of rs. two lakhs. the evidence in support of the complaint was adduced. after recording the evidence the addl. chief judicial magistrate, bhopal has held that it has territorial jurisdiction to try this case. that has been affirmed by the first additional sessions judge, bhopal in criminal revision no. 261 of 1997 by order dated 29-6-1998. in his detailed order it has been held that one of the bank drafts was entrusted to accused no. 3 smt. sarla jain by the mother of the complainant at bhopal. on that basis it has been found that the court at bhopal has the territorial jurisdiction to try this case.3. after hearing both the sides this court is also of the opinion that the court at bhopat is clothed with territorial jurisdiction because one of the bank drafts was 'received' by accused no. 3 smt. sarla jain at bhopal. section 181(4) of the code provides that any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or.....