RAMESH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Sole point which falls for consideration in this petition is whether the statement under Section 161 Cr.P.C. dated 14th October, 1989 of Roshan Lal, filing of separate charge-sheet and framing of charge under Section 306 Indian Penal Code against Shakil Ahmed, co- accused in respect of the same incident dated 14th October, 1989 would make the petitioner-accused entitle to have FIR No. 293/89 and the further proceedings pursuant thereto pending before an Additional Sessions Judge, quashed under Section 482 Cr.P.C.

(2.) As is borne out from the charge-sheet filed under Section 173 (2) Cr.P.C. said FIR No. 293/89 came to be registered on 14th October, 1989 in the following circumstances. On receipt of a copy of D.D.No.15-A SI Ram Kishan alongwith Constable Jagvir Singh reached House No. 54/55, Friends Enclave, Sultanpuri, Delhi and there he found the body of Smt. Sunita lying in burnt condition in a room on the first floor. SI Ram Kishan recorded the statement of Amar Singh, father of the deceased to the effect that marriage of the deceased with Ramesh Kumar, petitioner was solemnised on 19th February 1983. He spent about Rs. 2.5 lakhs in the marriage. Rs. 90,000.00 were also invested in fixed deposit jointly in the names of the deceased and petitioner. Since the inception of marriage relations between the deceased and petitioner were not cordial. Petitioner used to beat the deceased and insist upon her to bring Rs. 2 lakhs from her parents. Petitioner also made demand for this amount to him for setting up a factory. That day around 9 AM he received telephone call from the petitioner in regard to his daughter having died due to burns. After receipt of the message he has come to the house of the in-laws of her daughter and he has strong suspicion that she has been burnt by the petitioner. On the basis of this statement said FIR No. 293/89 was registered under Section 498A/304B IPC.

(3.) During investigation Smt. Ashrafi Devi, mother of the petitioner handed over certain documents which were seized vide a memo dated 14th October, 1989 by SI Ram Kishan. Beside sending the body of deceased for post mortem examination said SI also recorded the statements of the PWs including aforesaid Roshan Lal. After completing investigation charge-sheet under Sections 498A/302/304B/34 Indian Penal Code was filed against the petitioner, Harish Chand (father and Smt. Ashrafi Devi on 20th December 1989.