SANJAY SONI Vs. STATE OF C.G.

JUDGEMENT

(1.) WITH the consent of parties, this revision which is directed against the order dated 23.07.2009 passed in Sessions Case 145/2009 whereby the 3rd Additional Sessions Judge (F.T.C.), Ambikapur framed charge under Section 498A and 306 read with 34 of the I.P.C. against the Petitioners, was heard finally at the stage of admission on 10.08.2009.

(2.) IT is not in dispute that Petitioner No. 1 - Sanjay Soni is the husband of the deceased - Smt. Tara Devi Soni, who died on account of burn injuries on 08.10.2007, Petitioner No. 2 - Shambhu Soni is the elder brother of Petitioner No. 1, Petitioner No. 3 - Pramila Soni is the wife of the Petitioner No. 2 and Petitioner No. 4 is the mother of the Petitioners No. 1 and 2.

(3.) THE law relating to test for framing of charge is well settled. In State of Maharashtra and Ors. v. Som Nath Thapa and Ors. : (1996) 4 SCC 659, it was held as under: