KAMAL PASRICHA Vs. STATE

JUDGEMENT

(1.) Charges framed on 26.11.1997 for the offences under Section 304-B/34 Indian Penal Code and under Section 498-A/34 Indian Penal Code are sought to be revised and set aside by the Petitioners by invoking the revisional jurisdiction of this Court under Section 397 of the Criminal Procedure Code (hereinafter referred to as "the Code").

(2.) The prosecution case, briefly stated is, that Monika Pasricha wife of Kamal Pasricha was married on 26.10.1990; that this marriage was a love marriage but was later on regularized; that after 2-3 months of marriage, the father-in-law M.L.Pasricha, mother-in-law Veena Pasricha, brother-in-law Vineet and husband Kamal Pasricha started harassing Monika; that these people had been taking the household work from Monika to such an extent that it was physically not possible for her to do the same and Monika used to be told bitter words; that these people had been asking Monika to bring Rs.50,000.00 for starting their own business and that Monika's parents had given them the money; that business did not run and Monika was again subjected to beat- ings; that the jewellery which Monika had got in marriage, was also retained by these people and did not return; that on being tired she had been residing at her parental house for the last one and half years along with her daughter aged four years; that a divorce case is also going on with the husband; that she had friendship with one girl Upasana, who has been staying as a tenant in her parental house; that on 1.10.1995 Upasana had demanded a Saree of Monika's mother for going to duty, which was taken back by Manoj; that on 3.10.1995' there was some hot discussion between Monika's mother and Upasana and when Monika talked to her mother on this, then inmates of the house started telling Filthy and gave beatings to Monika; that her father told Monika that she is a call-girl and was given abuses in most filthy language, which she can not repeat/explain; that Monika was not on good terms with her mother and sisters; that due to this quarrel, she had been compelled to go to the kitchen and gas stove was ignited with the gas lighter and set herself ablaze; that she was very much tired by her father-in- law, mother-in-law, brother-in-law, husband and other family members.

(3.) The learned Additional Sessions Judge considering the evidence on record, framed the charge under Sections 304-B/498-A/34 Indian Penal Code against all the accused persons.