DILIP SINGH Vs. STATE

JUDGEMENT

(1.) These revision petitions have been filed by the three accused persons under Sections 397, 401 & 482 of the Code of Criminal Procedure,1973 for quashing the order dated 26-10-2012 passed by the learned Additional Sessions Judge for the trial of these accused persons for the commission of offences punishable under Sections 498-A/304-B/34 and also under Section 302/34 IPC.

(2.) The petitioner Dilip Singh is the husband of the deceased, Nannu Singh is her father-in-law while Usha Rani is her motherin-law. The marriage of the deceased with petitioner Dilip Singh was solemnized on 25 th April, 2007 and on 23 rd June, 2012, the deceased allegedly committed suicide by consuming poison. On the date of death itself statements of the parents of the deceased and her brother were recorded, firstly, by a Sub-Divisional Magistrate and then by the investigating officer under Section 161 of the Code of Criminal Procedure, 1973. As per the statements recorded by the Sub-Divisional Magistrate, the deceased was harassed and treated with cruelty by the three petitioners on account of their being unhappy with the dowry brought by her at the time of her marriage. The petitioners used to make a demand for motorcycle in particular and she was told at one time to bring motorcycle from her parental home otherwise she should not come back from there to her matrimonial home. During the course of investigation supplementary statements of the parents and brother of the deceased were also recorded by the investigating officer and in those statements also same allegations were reiterated. Additionally, it was also claimed that the deceased had told them few days before her death when she had come to her parental home about the cruelty meted out to her by the three petitioners and demand for motorcycle and Rs. 50,000/- in cash and that a sum of Rs. 10,000/- was given to the deceased on 19 th June, 2012.

(3.) The learned Additional Sessions Judge at the time of consideration of charge found a case against all the three petitioners for their trial for the offences punishable under Sections 498-A/304-B/34 IPC and also under Sections 302/34 IPC being made out.