ASHOK KEWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Being aggrieved by the impugned order dtd. 6/11/2019 passed by the Third Additional Sessions Judge, Balodabazar in Sessions Trial No.68/2019, whereby the learned Third Additional Sessions Judge has framed the charge against the applicants for offence under Sec. 304B/149 of the IPC.

(2.) Mr.Sumit Shrivastava, learned counsel for the applicants, would submit that deceased Smt.Rajni Kewat died on 27/9/2018 due to burn injuries received by her on 24/9/2018 at the matrimonial house. Her marriage was solemnized with applicant No.1 in the year 2017. In dying declaration given by the deceased on 24/9/2018, she has clearly stated that she herself set her on fire and no family members and inlaws are responsible for the same. He would further submit that the deceased and husband are residing separately and just to harass other family members, omnibus allegations were made. He contended that there is no sufficient material adduced by the prosecution for framing of charge. Even whole of the prosecution taken as it is, then also, no offence is made out against the present applicants. Therefore, he prays to set aside the impugned order framing charge.

(3.) On the other hand, Ms Priyamvada Singh, learned Deputy Government Advocate for the respondent/State, would submit that in statements recorded under Sec. 161 CrPC mother of the deceased and other family members have categorically stated that the deceased was harassed by the present applicants for bringing less dowry and due to such harassment, she has taken extreme step to end her life within one year of her marriage. So, the trial Court has rightly framed the charge against the applicants. She would further submit that at the time of recording of dying declaration by the doctor, her husband, who is an accused, was present. So, dying declaration itself is doubtful and as such, the present revision deserves to be dismissed.