LAXMINARAYAN AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE the criminal revisions, referred to above, arise out of a common order dated 1-2-2004, they are being disposed of by this common judgment.

(2.) THESE revisions under Section 397 read with Section 401 of the CODE OF CRIMINAL PROCEDURE, 1973 are directed against the order dated 1-2-2003 passed in Sessions Trial No. 391/2002 by the Sixth Additional Sessions Judge Raipur, District Raipur (CG) whereby she framed the charges under Section 304B and in the alternative under Section 306 of the Indian Penal Code against each of the petitioners. Petitioner Nos. 1 to 3 in Cr. Rev. No. 91/2003 are the father-in-law, mother-in-law and the husband of the deceased, whereas petitioner Nos. 1 and 2 of Criminal Revision No. 92 of 2003 are the sister-in-law (Nanad) and brother-in-law (Dewar) of the deceased.

(3.) BRIEFLY stated, facts of the case are that Manish Agrawal was married with Puja, the deceased, on 24-5-2001. The marriage was solemnized at Raipur. After the marriage, Puja went to reside with her in laws and husband in the matrimonial house in which all of them (the applicants and the deceased) were living together. Puja and Manish went for their Honeymoon to South India on 5-6-2001. They stayed there upto 17-6-2001 and returned back to Raipur. Thereafter on 22-6-2001 they went to visit the house of Dinesh Agrawal at Bhilai who is the brother of Manish. The couple resided there for two days and again returned back to Raipur on 24-6-2001. Puja committed suicide on 26-6-2001. The merg intimation was registered vide No. 42/2001. The de-facto informant of the merg is Smt. Vimla Agrawal who is petitioner No. 2 in Cr. Rev. No. 91/2003. The intimation is placed at Page 50 of the paper book. It was lodged on 26-6-2001 at about 18.00 hrs. The incident is said to have taken place at about 15.00 hours. The report reads that when the informant could not find her daughter-in-law in her room in the first floor of the house, she started searching her and ultimately her dead body, in the burnt condition, was found in a store room (Lakadiwala room) in the first floor which was locked. She informs in the merg that the lock was opened by her from outside and then only she could see the dead body. The inquest was performed on 27-6-2001. In the meanwhile, the parents of the deceased residing at Sambalpur, were also informed telephonically by the family members of the petitioners and the dead body was sent for post-mortem. The parents of the deceased namely Ramesh Chandra Agrawal, Smt. Neela Devi reached Raipur and their statements were recorded on 27-6-2001. The police also recorded the statements of Shyam Sunder Agrawal and Smt. Ratni Devi Agrawal on 28-6-2001, who are uncle and aunt of the deceased. Thereafter, various statements were also recorded by the police, in which the statements of Smt. Vandana, sister of the deceased, Rajul Kumar Jajodia, brother-in-law of the deceased, Rajkumar Gadodia, cousin of the deceased and few others are there. Besides the above, the statements of various neighbours were also recorded. The parents and relations returned back to their places after the aforesaid enquiry of inquest. However, on 13-10-2001 Shyam Sunder Agrawal, uncle of the deceased lodged the First Information Report in Police Station, Civil Lines, Raipur in consequence of which an offence under Section 304B of the IPC was registered vide Crime No. 705/2001. In the said report, there were allegations in relation to harassment and assault in connection with dowry and also about treatment of the deceased with cruelty by the family members of in-laws.