AMIT CHOUDHARY Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Present petition is filed assailing the chargesheet dated 22.05.2015 as well as cognizance/summoning order dated 07.07.2015 passed thereon by the C.J.M. Haridwar whereby learned C.J.M was pleased to take cognizance of the offence punishable under Section 306 of I.P.C. As per the F.I.R. registered on 09.04.2015, Case Crime No. 190 of 2015, P.S. Kotwali City Haridwar, District Haridwar, Savita Devi (deceased) was married with the petitioner Amit Choudhary and both of them were having two children out of their wedlock namely Shiva aged eight years and Shivani aged six years; Smt Savita Devi was taken to the Doon Hospital Dehradun on 05.04.2015 in a burnt condition; Naresh Kumar, brother of Smt. Savita Devi got registered the FIR in question for the offences punishable under Sections 147, 149 & 307 of I.P.C. saying that Savita Devi was set on fire by her husband Amit, mother in law Kamlesh, brothers in law Sumit and Vineet and Devrani Sushma and informant was informed by the children of Savita Devi that she was set on fire by her husband, mother-in-law, brothers in law and Devrani.

(2.) Dying declaration of Smt. Savita Devi was recorded by the Tehsildar on the certificate of the Medical Officer that she was conscious and was in a position to give statement. Dying declaration of Smt. Savita Devi reads as under:-

(3.) There is absolutely no whisper in the dying declaration that she was ever treated with cruelty to the extent that she was having absolutely no other option except to commit suicide nor reason of such cruel behavior or cruelty has been mentioned in the dying declaration.