MATHURA DASS Vs. STATE

JUDGEMENT

(1.) This Revision under Sections 397/401 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only) is directed against an order dated 26.5.2001 by which learned Additional Sessions Judge had directed framing of charges under Sections 306/498-A read with Section 34 IPC against the petitioners.

(2.) The facts, relevant for the disposal of this petition, briefly stated, are that the deceased Ritu Sharma was married to petitioner No.3 in the year 1987. On 20.5.2000, she suffered burn injuries in her matrimonial home. She was taken to the hospital where she succumbed to her injuries on 23.5.2000. While making a statement before the doctor at the time of admission as well as in her dying declaration recorded by the Investing Officer on 21.5.2000, she had stated that the burn injuries suffered by her were accidental. However, on 1.6.2000 Padam Sharma, brother of the deceased lodged an FIR alleging that since her marriage the deceased Ritu Sharma was being harrassed and tortured by the petitioners and they used to raise various demands. It was also stated by him that while her sister was making a dying declaration on 21.5.2000, which was attested by him also as a witness, he had not made any allegations against the petitioners nor had objected to the statement being made by his sister as he believed that in case his sister survived, the petitioners would harass her further. Smt. Bimla Sharma, the sister of the deceased also made a statement on 1.6.2000 making allegations of harassment and cruelty against the petitioners saying that they used to make demands of cash as well as articles and used to maltreat her and give beatings even to her. She also stated that they had not made any statements against the petitioners in the hospital as they believed that Ritu Sharma would survive.

(3.) I have heard learned counsel for the petitioners and learned counsel for the State. I have gone through the records.