1. Heard learned Counsel for the applicant and learned A.G.A.
2. The present application has been filed challenging the order dated 10.11.2016 whereby, the Magistrate disagreed with the police report and passed an order for taking cognizance against the accused under Sections 302, 328, 323 IPC as well as the revisional order dated 04.07.2024 whereby, the revision preferred by the applicant was dismissed.
3. The facts in brief are that the first informant gave a report on 17.12.2013 accusing four persons of administering poison to his brother. It was alleged that on 16.12.2023 when the informant and his brother had gone, the applicants came and accused the brother of the informant of mobile theft and started beating him. The informant ran to his house to call for help and when he came at the place of incident, his brother was screaming that the accused has administered him poison. Subsequently, he was taken to the hospital where he was declared dead. The matter was assigned for investigation and after the investigation and taking statement of persons, who were also not present, a final report came to be filed as it was a case of suicide. Final report preferred was rejected by the Magistrate vide order impugned dated 10.11.2016 wherein the Magistrate has recorded that the Investigating Officer took two years to conclude the investigation. The statement of the informant clearly contained material to suggest complicity of the applicant. The postmortem report and the viscera report suggest the presence of the poison. The informant supported his version in his statement before the Judicial Magistrate under Section 164 of Cr.P.C. It was also recorded that a boy aged about 26 years lost his life and the I.O. has recorded that he consumed poison on account of family dispute based upon the affidavits filed after one and a half years of the alleged incident, which was barred under Section 181 of Cr.P.C. The revision preferred against the said order was also dismissed.