GYAN PARKASH AND ORS. Vs. STATE

JUDGEMENT

(1.) PRESENT revision petition has been preferred to challenge the legality and correctness of an order dated 24.12.2014 of learned Additional Sessions Judge by which charge under Sections 498A/304B/406/34 IPC was ordered to be framed against the petitioners.

(2.) LEARNED counsel for the petitioner urged that there was no material before the learned Trial Court to proceed against the petitioners for the commission of aforesaid offences. In the suicide note recovered at the spot, the victim did not held anyone responsible for her death. Statements given by the witnesses are highly improbable and self contradictory. Allegations levelled by the victim's parents after the occurrence are vague in nature and do not indicate involvement of either of the petitioners. Ingredients of Section 304B are lacking as there is no evidence on record to show if "soon before her death", the victim was subjected to cruelty or harassment for or in connection with dowry demands. The victim lived alone in Delhi and was never harassed on account of non -fulfillment of dowry demands. Reliance has been placed on P.Vijayan vs. State of Kerala & Anr. : 2010 CRI. L.J.1427; Raman Kumar vs. State of Punjab : 2009 CRI.L.J.3034; Biswajit Halder alias Babu Halder & Ors. vs. State of West Bengal : 2007 CRI.L.J.2300; Sarbans Singh & Ors. vs. State of NCT of Delhi : 2005 CRI.L.J.2625; Kartar Singh & Ors. vs. Central Bureau of Investigation : 2006 CRI.L.J.4099.

(3.) IT is true that in suicide note, the victim has not implicated anyone for her death but at the same time allegations of her family members cannot be brushed aside at this stage. I find no merit in the contention of the learned counsel for the petitioners that ingredients of Section 304B IPC are not attracted. It is well -settled that "soon before" is a relative term and it would depend upon the circumstances of each case and no straightjacket formula can be laid down as to what would constitute a period of "soon before the occurrence". The expression "soon before her death" used in Section 304B IPC and Section 113B of the Evidence Act is present with the idea of proximity test. In the instant case, the marriage lasted only for about two months. So it cannot be assumed that there existed no live link between the effect of cruelty based on dowry demand and the death concerned. The pleas raised by the petitioners for discharge are primarily the arguments on the merits of the case which are to be taken into consideration after the parties are given opportunity to establish their respective case during trial.