VIPIN KUMAR Vs. STATE

JUDGEMENT

(1.) This criminal revision petition under Section 397 of the Code of Criminal Procedure (hereinafter referred to as " the Code"), is directed against the framing of charge on 3.11.1996 u/Secs. 498-A/304-B/406 read with Section 34, IPC against the petitioners.

(2.) The prosecution case, shortly stated, is that Mithlesh, the daughter of the complainant was married to petitioner No. I who is the son of petitioners No. 2 and 3 and the brother of petitioners No. 4 to 6; that all the petitioners subjected Mithlesh to cruelty on the issue of dowry inasmuch as the petitioners demanded Maruti car as the dowry from Mithlesh and her father, the complainant; that on 19.7.1991 petitioner No. 1 brought his wife Mithlesh to the house of complainant and petitioner No. 1, as stated in the complaint, had allegedly told Mithlesh that she should come only with Maruti car and that otherwise he would not come to take her back nor he would see her face and so saying he left in anger; that in the night intervening 21 and 22 July, 1991, Mithlesh committed suicide by tying herself with the ceiling fan in the house other parents; that all the petitioners are alleged to have inflicted mental cruelty on Mithlesh and subjected her to torture over the demand for dowry articles.

(3.) The learned Additional Sessions Judge found sufficient grounds to proceed against the accused pesons and framed the charge for the aforesaid offences u/Sec. 228 of the Code. It is this framing of charge, which is sought to be revised by the petitioners in this petition.