ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) The deceased Parvati was married to the accused Anil Kumar on 5.12.1992. On the night intervening 9th/10th April, 1994, within two years of her marriage, Parvati committed suicide in her matrimonial home. As per prosecution case, from the very beginning Parvati had an unhappy married life because of the accused persons constantly maltreating and harassing her, which ultimately drove her to commit suicide. On 10.4.1994, the S.D.M., after receiving intimation of the alleged incident, came to the spot recorded the statement of the deceased's brother Man Mohan and directed registration of the case under Sections 498-A/304-B Indian Penal Code . Pursuant to the said direction, FIR No. 138/94, under Sections 498-A/304-B Indian Penal Code . was registered at the Police Station Tilak Marg. Investigation pursuant thereto culminated in submission of a charge-sheet against the accused persons. On 15.1.1998, the Additional Sessions Judge, New Delhi framed charges under Sections 304-B/498-A Indian Penal Code . against the accused persons. Aggrieved thereby, the accused persons have come up in revision before this Court.

(2.) Learned counsel for the petitioners contended that the impugned order of framing the charges has not only resulted in manifest injustice meted out to the petitioners but the same is patently illegal, improper and unjustified inasmuch as the materials collected by the prosecuting agency does not make out any offence against the accused persons.

(3.) In the instant case, the learned Additional Sessions Judge has framed charges under Sections 304-B/498-A Indian Penal Code . against the petitioners. Section 304-B Indian Penal Code . provides that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand for dowry such death shall be called "dowry death" and such husband and relative shall be deemed to have caused her death. Section 113-B of the Evidence Act lays down that when the question is whether a person has committed the dowry death of a woman and it is shown that soon before the death such woman had been subjected to cruelty or harassment for, or in connection with any demand for dowry, the Court shall presume that such person had caused the "dowry death".