RAJESH MEHTA Vs. STATE

JUDGEMENT

(1.) The petitioner, who is being prosecuted under Sections 498-A and 304-B Indian Penal Code, has filed this Revision petition under Section 397 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only) for setting aside an order dated 6.9.2000 passed by learned Additional Sessions Judge. New Delhi ordering that charges under Sections 304-B and 498-A Indian Penal Code be framed against him.

(2.) The facts relevant for disposal of this revision petition, briefly stated, are that the petitioner got married to deceased Neelam on 11.12.1996 at Delhi. According to the prosecution, soon after the marriage the petitioner started misbehaving with his wife and-used to give her beatings even. The brothers of the deceased once went to the house of the petitioner and tried to make him see reason, but did not succeed. On that very night again there was some episode in the house of the petitioner on account of which police control room van came and took the petitioner along. In July, 1997, the petitioner along with his wife deceased Neelam shifted to Palam Colony, but there also he continued to give her beatings on account of which she suffered miscarriage. From Palam Colony they shifted their house to South Extension Part-I, but the misbehavior and beatings continued. On 28.8.1999 the petitioner abused his father-in-law on telephone and threatened him to either take away his daughter or she would be left at Nari Niketan. After about half an hour, the mother of the petitioner informed the father of the deceived that deceased Neelam had consumed Baygon Spray. They also received a phone call from police station and were told that Neelam was admitted in I.C.U. of Moolchand Hospital. The parents and other family members of the deceased did not go to the hospital even out of fear of the petitioner. Later when the deceased came to her parents' house, she informed them that the FIR registered at P.S. Kalkaji on the basis of the above incident had been quashed by the High Court on her statement. On 20.2.2000 the family of the deceased received information about her death from P.S. Vasant Kunj. They went to her house and found that her body was lying in a store on first floor. Suspecting that the deceased had been murdered by the petitioner, brother of the deceased filed a report with the police station on which an FIR under Section 304-B/498-AIndian Penal Code was registered. After necessary investigations, a challan was filed against the petitioner.

(3.) Learned Additional Sessions Judge vide impugned orders dated 6.9.2000 found a prima facie case against the petitioner under Section 304-B as well as 498- AIndian Penal Code and ordered framing of charges against him.