RAJESH DIWAN Vs. NCT OF DELHI

JUDGEMENT

(1.) PETITIONERS have filed this petition under sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") against the order dated 17.4.1999 passed by the court of Additional Sessions Judge, Delhi, framing charge against them under sections 498A/306/34 IPC in case FIR No. 754/95 PS Paharganj, Delhi.

(2.) PROSECUTION allegation in brief are as follows. Petitioners are husband and mother -in -law respectively, of the deceased Smt. Chanchal. After her marriage on 3.9.1992 she started living with her husband in Rajasthan. She was harassed by the petitioners, on account of insufficient dowry. In December, 1992, she came to Delhi and started staying with her parents. On 1.12.1995 at about 3.15 PM, police was informed by her mother Smt. Asha Rani, from RML Hospital Delhi about her admission in burnt condition. Police reached at the Hospital and took up investigation. On the same day, SDM recorded statement of Smt. Asha Rani. She stated that her husband was doing the business of selling vegetable on the 'Rehri'. At the time of marriage of her daughter -Chanchal with Rajesh (petitioner No. 1), there was no demand of dowry by her in -laws. After about one month of the marriage, when her daughter came, she told her that her husband was demanding 50 tolas of gold and her mother -in -law used to beat her. It was second marriage of petitioner No. 1 and despite divorce from the first wife, he continued relationship with her. Once petitioner brought a "Maulvi" who gave her severe beating. It was stated that as her daughter became mentally ill and started getting treatment from the G.B. Pant Hospital, Delhi. No one came from her in -laws side to enquire about her health. On 30th November, 1995, complainant (mother of the deceased) came back home at about 12.00 night, after attending a marriage at Punjabi Bagh; the deceased enquired about her father, who was also not at home and gone to Mayur Vihar. The deceased was upset and told her mother that no one was caring about her and that she would immolate herself. Thereafter she (complainant) went to sleep and woke up only after hearing cries of her daughter, who put herself on fire. On 3rd December, 1995, after she was declared fit by the doctor, her statement was also recorded by the SDM. She stated that prior to the marriage she was working as a teacher, that for about three years, she was living with her parents. Petitioner married her with a sole intention of getting children. He continued to have relationship with his previous wife. One day petitioner brought his earlier wife and slept with both, as a result of which, she developed hatred. She reiterated that she was mal -treated by her in -laws and there was a demand of 50 tolas of gold. Smt. Chanchal expired in the hospital on 9th December, 2004. After recording the statement of Mohan Lal, father of the deceased, S.D.M. directed the police to register the case under the relevant provisions of law.

(3.) LEARNED trial Court by the impugned order dated 7th April, 1999 heard the parties afresh and concluded that there is sufficient material to frame charge under section 306/34 IPC along with section 498A IPC. Accordingly, fresh charge under section 498A/306/34 IPC was framed. This order is under challenge.