KISHAN KUMAR Vs. NCT OF DELHI

JUDGEMENT

(1.) This revision petition has been filed challenging the order on charge dated 31/5/2000 passed by the learned Additional Sessions Judge whereunder the present petitioner has been charged of having committed offences under Section 304B/ 498A/34 IPC. The counsel for the petitioner as well as the counsel for the State have been heard.

(2.) This case brings up an interesting question to be decided. The petitioner's wife Rekha died on 27.3.1996. It was an unnatural death. The death was an apparent murder as she had sixteen injuries caused by stabbing. The police has failed to solve the murder. However, the present petitioner had been implicated by the police under Section 302/304B/498A/34 IPC. The learned Additional Sessions Judge, upon an examination of the record, found that on the basis of the available material as on date, a case under Section 302 IPC was not made out against the present petitioner. However, charges were framed under Section 304B/ 498A/34 IPC. In paragraph 13 of the impugned order, the learned Additional Sessions Judge pointed out that in this case deceased Rekha died an unnatural death within seven years of her marriage with the accused Krishan Kumar. It was also observed that there was sufficient evidence brought on record that soon before her death, the respondent was subjected to harassment and torture by accused Krishan Kumar on the ground of dowry. It was, therefore, concluded by the learned Additional Sessions Judge that as such there were, prima facie, sufficient grounds to frame a charge against the accused Krishan Kumar for an offence punishable under Section 304B IPC. He, however, also came to the conclusion that it is not relevant as to whether the death was suicidal or homicidal or whether the accused had a direct connection with the death or not.

(3.) The issue before this Court is whether the death having occurred in the circumstances aforesaid could be construed as a dowry death within the meaning of Section 304B IPC. Section 304B reads as under:-