ANOKHE LAL Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 6.7.1995 passed by the Additional Sessions Judge, Delhi directing framing of the charges under Sections 304-B/498-A/34, Indian Penal Code against the petitioners.

(2.) Briefly stated, the prosecution case is that the accused Yogesh and the deceased Kavita were married on 15.2.1994. On 27.6.1994 at about 6.05 a.m. the deceased was found lying dead in a pool of blood in her bedroom. The accused Yogesh was also present there. The police, on receipt of the said information, came to the spot. The deceased was removed to the Hospital. Immediately thereafter, the deceased's father Hari Singh Sharma came to the Hospital and noticed several injuries over the dead body of her daughter. Hari Singh Sharma made a statement before the S.D.M. that after marriage her daughter was being harassed in connection with dowry demand. On the basis of the said statement FIR was registered at the Police Station, Bhajanpura. Investigation pursuant thereto culminated in submission of a charge sheet under Sections 498-A/302/201/120-B/34, Indian Penal Code against the respondents and their son Yogesh. On a consideration of the materials collected by the prosecuting agency, learned Additional Sessions Judge framed charges under Sections 304-B/498-A/34, Indian Penal Code against the petitioners. Aggrieved thereby, the petitioners have come up in revision before this Court.

(3.) Learned Counsel for the petitioners has strenuously urged that the materials collected by the prosecuting agency did not constitute any offence against the petitioners and the learned Additional Sessions Judge has committed an illegality in framing the impugned charges against them. The ingredients necessary for the application of Section 304-B are: