LEELAWATI Vs. STATE

JUDGEMENT

(1.) Feeling aggrieved by the order dated 21.12.2011 passed by learned MM whereby he declined to take cognizance against accused person for committing the offence punishable under Section 306 IPC, this criminal revision petition has been preferred by petitioner Smt.Leelawati, who is mother of the deceased Nisha, as well the complainant in case FIR No.294/2011 under Section 498-A/306 IPC, PS Khazuri Khas, Delhi.

(2.) At the outset, it is necessary to mention that the impugned order has not been challenged by the State.

(3.) The grievance of the complainant is that her daughter Nisha died of burn injuries sustained at her matrimonial home. The police registered FIR No.294/2011 under Section 498-A/306 IPC at PS Kahuri Khas on the basis of complaint made by her and thereafter, chargesheet was filed against the accused Deepak Singh (husband) for committing the offence punishable under Section 498-A/306 IPC. On 21.12.2011, the learned MM, after hearing the IO and the SHO and relying upon the alleged dying declaration, formed an opinion that no prima facie case for committing the offence punishable under Section 306 IPC is made out and thereby declined to take cognizance of the offence under Section 306 IPC.