HARENDER SINGH Vs. STATE OF UTTARANCHAL & ANOTHER

JUDGEMENT

(1.) BY means of this petition, a prayer has been made to quash the chargesheet, giving rise to the criminal case no. 1283 of 2005, "State Vs. Harender Singh", pertaining to crime no. 39 of 2005 under Sections 304 -B/506 IPC of P.S. Raiwala, District Dehradun. It is pertinent to mention that private respondent no. 2 Chanda Devi has sufficiently been served and the name of her counsel is appearing on the list but none turns up on her behalf even in the revised call. So, this Court has rendered hearing to learned counsel for the applicant as well as learned brief holder for the State.

(2.) IT transpires that petitioner Harender Singh wedded with Jyoti on 22.6.2004. Within less than five months of marriage, Jyoti died. So, the FIR was lodged by Chanda Devi (mother of Jyoti) with the following averments.

(3.) ON 17.11.2004, petitioner along with Jyoti came to the house of Chanda Devi. Petitioner brought curry and rice from some hotel and offered the same for eating to Smt. Jyoti. No sooner did she eat the same, she became ill. Petitioner fetched the doctor and gave the medicine to Smt. Jyoti. At that time, no family member of Chanda Devi was allowed to enter the room where Jyoti was lying.