BIMLA GUPTA Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition is directed against an order on charge dated 19.3.2002 by the learned Additional Sessions Judge (hereafter referred to as the "trial Court"). By that order the petitioner accused along with others were charged with commission of offences punishable under Sections 498- A/ 304-B read with Section 34 Indian Penal Code (hereafter called "IPC").

(2.) The facts necessary to decide this petition are that the marriage between the deceased Geeta and Rajesh (one of the accused who is not a revisionist in these proceedings but has been arrayed as A-8) took place on 17.7.1999. Unfortunately the marriage was short-lived. Late night on the 15th of August, 1999, when the couple were traveling, their car collided with a stationery oil tanker. Geeta succumbed to her injuries. A-8 Rajesh too suffered injuries and was hospitalized in the Intensive Care Unit for some time.

(3.) In the immediate aftermath of the incident on 16.8.1999 Shri Sham Lal Gupta, father of the deceased Geeta made a statement. In that he did not attribute any mischief or foul played by any accused. He stated that the marriage of his daughter with A-8 took place under normal circumstances. Later, in another statement, dated 22-9-1999, the said Shri Gupta claimed that the deceased's mother-in-law and other relatives taunted her immediately after the marriage for bringing insufficient dowry. He also claimed that the petitioner No. 1 (who is the paternal uncle of A-8, the husband) top had taunted the deceased. This version was corroborated in a statement by Smt. Suman Gupta, mother of the deceased. Her statement too was recorded on 22.9.1999. On the basis of these materials the trial Court by its impugned order proceeded to frame the charges. The order impugned is short one. It does not contain reasons and reads as follows :