MADAN MOHAN SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition is directed against the order dated 7.10.2004 passed by the learned Additional Sessions Judge, whereby he has concluded that a prima facie case against the petitioner has been made out in respect of offences under Sections 498-A/306, IPC.

(2.) The learned Counsel for the petitioner at the outset submitted that he is challenging the order with respect to the framing of charges under Section 306, IPC and not against that part of the order which pertains to the offence under Section 498A for which he is ready to face the trial. Insofar as the offence under Section 306 is concerned, he immediately referred to paragraphs 9 and 10 of the impugned judgment to point out that the learned Additional Sessions Judge had invoked the provisions of Section 113 A of the Indian Evidence Act, 1872 to raise a presumption with regard to the abetment of suicide by the deceased [Smt. Vandana Sharma]. He submitted that this presumption cannot be raised inasmuch as Section 113A is inapplicable in the facts of the present case as the suicide was committed beyond the period of 7 years from the date of her marriage. He also contended that even apart from the presumption under Section 311 A, no case is made out for framing of a charge under Section 306.

(3.) The learned Counsel for the State attempted to support the order on charge.