PRADEEP KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the order dated 6.5.1994 whereby charge was framed against the petitioners under sections 498A and 306 Indian Penal Code. The petitioners have prayed that the charge framed against them is liable to be quashed. Earlier, a charge had been framed against the petitioners along with one Subhash Chand, brother of petitioners no. 1, 3 and 4 and son of petitioner no.2 under section 306 read with Section 34 Indian Penal Code vide'order dated 20.3.1992. The petitioners had challenged the said order of framing of charge through a revision petition filed in this court being criminal revision no.48 of 1992. The said revision petition was disposed of vide order dated 7.1.1994 whereby the order framing the charge was set aside and the case was remanded for fresh consideration on the question of framing of charge.

(2.) After remand, the trial court reconsiderd the matter and by the impugned order dated 6.5.1994 framed charges against the petitioners including the said Subhash Chand under sections 498A and 306 Indian- Penal Code.

(3.) The broad facts for purpose of appreciating the controversy in the present case are: Smt. Veena,deceased was married to Subhash Chand in January, 1986. After the. marriage, she started living along with her husband and her mother-in- law, petitioner no.2; brother-in-law, petitioner no.l, and two sisters-in-law Shashi and Suman in the matrimonial home. According to the dying declaration of the deceased Smt. Veena, there was always some quarrel on petty matters in the house.Her sisters-in-law always used to quarrel with her. Her mother- in-law and her husband also used to side with her sisters-in-law. It was further stated in the dying declaration that Suman had slapped the deceased about three and a half months before the incident and had also thrown soap water in her eyes and had pushed her. Thereafter, the deceased started living separately on the First floor of the house along with her husband and children. The rest of the family members lived on the ground floor. Tension always prevailed in their house. On the day of the incident, Veena, wanted to go for a function in connection with the son of her sister. When she asked her husband to accompany her, he refused. Upon this, there was a quarrel between her and her husband. Her husband slapped her during this quarrel. After this, she bolted her husband and children inside the room and consumed 'dalfi an insecticide and thereafter poured kerosene oil on herself and set herself on fire.