RAKESH GAUTAM Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) Since both the above two revisions have been filed against the common order dated 3-7-2010 passed by the 9th Additional Sessions Judge (FTC), Raipur in Sessions Trial No. 68/2010, for quashing of the charges framed against the applicants under Sections 304-B and 498-A of the IPC, they are being disposed of by this common order.

(2.) As per case of the prosecution, Smt. Kiran Mishra (since deceased) -wife of Rakesh Gautam, i.e., applicant No. 1 in Criminal Revision No. 408/2010, was married to Rakesh Gautam in the year 2000 in accordance with her custom. Gouna ceremony was performed in the year 2002. Applicant Rakesh Gautam and other applicants, i.e., relatives of Rakesh Gautam - husband of Kiran Gautam, committed torture and cruelty upon Kiran Gautam in connection with demand of dowry and finally Kiran Gautam died on 31-12-2008 in her matrimonial house in abnormal circumstances. Report was lodged, matter was investigated and finally, charge-sheet has been filed against the applicants. After hearing the parties, the Trial Court has framed charge under Sections 304-B and 498-A of the IPC against all the applicants, i.e., husband of the deceased and relatives of husband of the deceased.

(3.) I have heard learned Counsel for the parties, perused both the criminal revisions, copy of charge-sheet and reply filed on behalf of the State/non-applicant.