MITHUN KUSWAHA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By this revision petition filed under Section 397 read with Section 401 of Cr. P.C. the petitioner seeks for setting aside the order dated 25.11.2014 passed by the learned Additional Session Judge, FTC, Shahdara, Karkardooma, Delhi, in S.C. No.66/2014 whereby the respondent has been charged for the offences punishable under Sections 498A/306 of IPC.

(2.) In nutshell, the facts of the case are that on 10.10.2010 the petitioner got admitted his wife Preeti to Max Hospital, Patpar Ganj as she had consumed the acid. On 12.10.2010 the patient Preeti Kushwaha was declared dead by doctors, due to which an Inquiry was conducted by SDM and on 26.10.2010 a case under Section 498A of ipc was registered at the instance of Girja Devi (mother of the deceased). However, on 06.12.2010 after recording of statement of witnesses and observing the report of the SDM, Sections 306/34 of IPC were added in the charge sheet. Consequently on 25.11.2014 the charge sheet was filed and petitioner was charged with section 498A/306 IPC. Aggrieved by the said order, the petitioner approached this court by way of the present revision petition.

(3.) Mr. Satish Chand Gupta, learned counsel for the petitioner contended on behalf of the petitioner that the marriage of the petitioner and the deceased Preeti Kushwaha was solemnized on 16.02.2010. Since the petitioner was working as Engineer in a Company namely HCL situated in Noida and due to his odd duty hours, he used to come late. However, mother of deceased Preeti made an allegation that the petitioner had an illicit relation with some girl, which was the main reason for coming late at home. The petitioner tried to explain his wife but due to suspicious mind she did not listen the petitioner. It is further contended on behalf of the petitioner that due to the family atmosphere, the petitioner had to leave his job at HCL and was to join another company named WIPRO from 11.10.2010. But the wife of the petitioner consumed bathroom cleaner on 10.10.2010 which caused her untimely death on 12.10.2010.