MOHAN CHAND KHOLIA Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 30.03.2002 passed by the learned Additional Sessions Judge (ASJ), Delhi for framing charges against the petitioner under Sections 498A and 306 I PC being prima facie of the view that from the statement of deceased Smt. Bhagwati Kholia made before her death, the appellant should be tried for the said offences.

(2.) Briefly stated, the facts are that Bhagwati Kholia was brought to the hospital with burn injuries on 20.8.2000. She gave her statement to the Police wherein she stated that she was married to the petitioner 12 years back. Her husband/petitioner used to suspect her character and used to quarrel with her every day. On the day of incident at about 6 a.m. when she came down stairs with her children, the petitioner started abusing her. Her brother Ashok who also resides in the same area was called and after some time her brother Ashok went out of the house and the petitioner also want out. The petitioner came back after some time and abused her saying 'Randi, Tu Mar Kyo Nahi Jati.' Thereafter she locked herself and bolted the room and set herself on fire after pouring kerosene oil. On this statement of Bhagwati Kholia, a case under Section 498A, IPC was registered vide FIR No. 370/2000. Bhagwati kholia died in the hospital on 21.8.2000 so Section 306 IPC was also added to the FIR. On completion of the investigations challan under Sections 498A/306 IPC was filed against the petitioner. After committal of the case to the Court of Sessions, arguments on charge were heard and vide impugned order dated 30.3.2002, learned ASJ held that prima facie a case under Sections 498A and 306 IPC is made out against the petitioner accused. He was charged accordingly Feeling aggrieved, the petitioner has preferred this revision.

(3.) The question as to what consideration should weigh with the Court at the time of considering the question of framing of charge under Section 227, Cr.P C has repeatedly engaged the attention of Hon'ble Supreme Court on different occasions.