LAWS(DLH)-2008-9-207

KARTAR SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On September 23, 2008
KARTAR SINGH Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) THIS revision petition is directed against an order on charge dated 19. 1. 2007 by learned Metropolitan magistrate. By that order petitioners were charged with commission of offence punishable Under Section 493a Cr. P. C read with section 34 IPC.

(2.) THE facts necessary to decide this revision petition are that the petitioners herein are in-laws of the deceased/shobha. The said shobha had committed suicide by hanging herself in the matrimonial home on 1. 3. 2000, after eight years of her marriage. Her husband also with whom she got married on 23. 1. 1991 tragically committed suicide in the year 2001.

(3.) THE prosecution case is that in the night intervening 1st and 2nd March 2000, the deceased/shobha had committed suicide at about 2. 00 a. m. by hanging herself from the ceiling of a room in the matrimonial home. It is the case of the prosecution that after her marriage, Shobha was being taunted for bringing insufficient dowry and was being harassed on account thereof. A sum of rs. 50,000 is alleged to have been given by her father few days after her marriage to her husband/mangal Singh. The prosecution also alleges that Shobha was ill-treated and harassed by the petitioners as she was not able to give birth to a child and her harassment continued till 1999 when she gave birth to a girl child and since Mangal Singh, who was paralysed, shortly after the birth of the girl child, the deceased/shobha was again being taunted that she gave birth to a girl child which brought bad luck to the petitioners. On the basis of these allegations, learned Metropolitan Magistrate, ordered to frame a charge against the petitioners under Section 498a, IPC.