STATE OF DELHI Vs. GYAN DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The limited question that arises for consideration in this case is whether the High Court committed any illegality / error in quashing the charge framed under Sec. 304 read with Sec. 34 of the Indian Penal Code (for short 'I.P.C.') against respondents 1 to 3 by the Sessions Judge in exercise of its powers under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.')

(3.) On receipt of a report regarding the murder of one Smt. Sudesh, who was the daughter-in-law of respondent 1 and wife of respondent 2, the police made an investigation and laid a challan against the three respondents under Sec. 173 (2), Cr. P.C. The Additional Sessions Judge, Karkardooma, on consideration of the challan and the papers filed along with it, framed charges under Sec. 498-A/34, IPC against all the three respondents and under Sec. 304/34, I.P.C. against the respondents 1 and 2 vide the order dated 19th February, 1996. The charge under Sec. 304/34, I.P.C. which is relevant for the purpose of this proceeding is to the following effect :