SURAJ PRAKASH Vs. STATE OF DELHI

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dated 8.10.2004 passed by the learned Additional Sessions Judge whereby it was directed that charges under Section 498A/306 IPC be framed against the petitioner. The formal charge was also drawn up on the same date. The charge which has been drawn up reads as under:-

(2.) Mr Andley, the learned senior counsel appearing on behalf of the petitioner submitted that there are various circumstances available on the record which would go to indicate that this is not a case where a grave suspicion could have arisen with regard to the commission of the alleged offences by the petitioner. He submits that first of all, there is a suicide note which is admittedly written in the hands of the deceased Archna. The said suicide note is dated 31.12.2002 which was apparently written just prior to her committing suicide. The note is a one line statement which reads as under:-

(3.) Mr Andley also read out Archna's mother's statement recorded under Section 164 Cr.P.C. This statement of the mother (Smt Meera Mishra) was, however, recorded after seven days, i.e. on 8.1.2003 where she has given a somewhat different picture. However, the only allegation contained in her statement is that after marriage her daughter used to frequently visit them. But, in the month of September, 2002 she had complaind that her husband used to abuse her and use to consume liquor with his friends. However, she further stated that as this was a new marriage and was a family matter, she did not disclose the same to anybody, including her husband. It was also made clear in the statement that her daughter never complained about her father-in-law, mother-in-law and sister-in-law. It was further stated by her that she did not even think it proper to talk about this with her son-in-law because her daughter told her that she would put things right. On 29.12.2002, it is stated further, Archna had called her mother on the telephone and said that she was coming to stay at her house for a week and that she would come after she (Smt Meera Mishra) returns from Kota. According to Smt Meera Mishra, this conversation took place at about 6 p.m. on 27.12.2002. Thereafter, the said Smt. Meera Mishra left for Kota in Rajasthan and returned only on 2.1.2003 after hearing about the death of her daughter Archna. In her statement she has reiterated the fact that her son-in-law used to consume liquor and used to consume it with his friends and used to abuse and ill-treat her daughter and her daughter was unhappy and, therefore, legal action be taken against him. It was also clearly stated by her that the parents of Suraj Prakash never demanded anything.