NAVEEN CHAND JOHRI Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this revision petition are that Naveen Chand Johri petitioner No. I is the son of Smt. Vidya Devi petitioner No. 2. Naveen Chand Johri was married to Pratima Johri, deceased on 16 10.1977. Two children were born out of this wedlock. In 1987. petitione No. 1 and Pratima Johri deceased along with their children were living at C-4-B/13/151, Janakpuri, New Delhi. On the night of 26th January, 1987 Pratima Johri burnt herself in order to commit suicide. She was removed to hospital by her husband and got her admitted there. The doctor on duty certified that Smt. Pratima John was in a fit condition to make a statement. Her statement was recorded at that very time by the 1.0. in the presence of the doctor who also signed the same as an attesting witness. On the basis of the statement so recorded, DDNo.SA dated 26.1.87 was recorded on the basis of which FIR No. 34/87 was registered against both the petitioners. After investigation, both the petitioners were sent for trial for the offences punishable under Section 498A/34 and Section 306/34 IPC.

(2.) Learned Addl Sessions Judge by his order dated 22.1.1991, charged both the petitioners under Section 498A/34 and Section 306/34 IPC.

(3.) Aggrieved, both the petitioners have filed this revision petition.