LAWS(DLH)-2009-10-199

YAMIN Vs. STATE

Decided On October 07, 2009
YAMIN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS revision petition has been filed against the impugned order dated 28. 2. 2008 whereby the Trial Court had framed charges under Section 498-A/304-B/34 of the IPC against three co-petitioners. Yamin Petitioner no. 1 is the father-in-law, Smt. Vakila Petitioner No. 2 is the mother-in-law and Farukh Petitioner No. 3 is the brother-in-law of the victim Shahana.

(2.) DECEASED Shahana had been married to co-accused Mohd. Farid on 13. 4. 2005 as per muslim rites. She had died in the matrimonial home on 27. 8. 2007. It was not a natural death; there is no dispute to this proposition; whether it was homicidal or suicidal would not make any difference as both homicide and suicide fall within the definition of 'death otherwise than under normal circumstances' as contained in Section 304-B of the IPC.

(3.) OUT of the essential ingredients of Section 304-B IPC, three i. e.