ABHISHEK SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant revision is listed for hearing on admission. With the consent of Learned Counsel appearing for the parties, the revision is heard finally.

(2.) The revision has been preferred against the order dated 2.5.2018 passed by the Sessions Judge, Korba in Sessions Trial No.58 of 2016 (Case No.59 of 2016), whereby the Sessions Judge has framed additional/alternative charge under Section 302 read with Section 34 of the Indian Penal Code against the present Applicants.

(3.) Facts, in brief, are that marriage of Ankita (deceased) was solemnised with Applicant No.1, Abhishek Singh on 30.1.2015. Applicant No.2, Nilima Singh is mother-in-law and Applicant No.3, Rajendra Pratap Singh is father-in-law of the deceased. It is alleged that Applicant No.1 was having an affair with one Nikita Shrivastava prior to his marriage with deceased Ankita and that relationship continued even after his marriage. On 16.3.2016, Ankita died at her matrimonial house in a suspicious condition due to hanging. Morgue has been recorded. During morgue inquiry, statements of witnesses have been recorded and on the basis of morgue inquiry report, First Information Report has been registered for the offence punishable under Section 306 of the Indian Penal Code only against Applicant No.1. On completion of investigation, a charge-sheet has been filed against all the present Applicants for offence punishable under Sections 306, 304B, 498A read with Section 34 of the Indian Penal Code. Vide order dated 24.4.2018, the Sessions Judge has framed charges against the present Applicants under Sections 498A, 304B in the alternative under Section 306 of the Indian Penal Code. Thereafter, vide the impugned order dated 2.5.2018, the Sessions Judge, relying on (Rajbir alias Raju v. State of Haryana, 2010 15 SCC 116), has framed additional/alternative charge under Section 302 read with Section 34 of the Indian Penal Code against all the present Applicants. Hence, this revision.