MOHAN SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) BY the present petition the Petitioners, who are father-in-law, mother- in-law, brother-in-law and wife of brother-in-law of the deceased, challenge the order dated 23rd October, 2009 directing framing of charge for offence under Section 304-B/ 34 IPC against the Petitioners. The grievance of the Petitioners is limited to the extent that though the charge under Section 498- A IPC is prima facie made out against the Petitioners, however no charge under Section 304-B IPC is made out. The Petitioners were in fact discharged for the offence under Section 304-B IPC and a charge under Section 498-A IPC was framed against them on 22nd February, 2007 and the husband of the deceased was charged for offence under Section 498-A/306 IPC. However, in a revision filed before this Court by the State vide order dated 26th March, 2009 this Court directed the Learned Trial Court to examine the matter in the light of the statements of the witnesses, who had been examined by that time and directed re-hearing to the parties. After hearing the parties, the Learned Trial Court vide the impugned order dated 23rd October, 2009 directed and framed charge under Section 304-B/ 34 IPC against all the accused including the Petitioners herein besides the charges under Section 498-A/34 IPC.

(2.) LEARNED counsel for the Petitioners states that even on the basis of the statements that have been recorded during the trial, no case for charge under Section 304-B IPC is made out against the Petitioners, as there is no allegation that soon before the death, the Petitioners harassed and tortured the deceased for demand of dowry. There are three instances of harassment and the last incident of May, 2006 relates only to the husband, that too for demand of Rs. 1 lakh for business and to buy a land which does not amount to demand of dowry, as held in a catena of decisions. Reliance in this regard is placed on Harjit Singh Vs. State of Punjab I (2006) DMC 11 (SC); Appasaheb & Anr. Vs. State of Maharashtra (2007) 9 SCC 721 and Kans Raj Vs. State of Punjab & Ors. 2000 Crl.L.J. 2993 (SC).

(3.) AFTER investigation the charge-sheet for offences under Section 304- B/498-A/34 IPC was filed against the Petitioners and Harinder Singh. However vide order dated 20th February, 2007 the Learned Trial Court framed charge under Section 498-A against the Petitioners which was challenged before this Court. This Court remanded the matter back vide order dated 26th March, 2009 for considering the statements of the witnesses also recorded during the trial.