BUDHIMAN SINGH Vs. STATE O

JUDGEMENT

(1.) K. K. Misra, J. It is not disputed between the parties that both the writ petitions involve common question as they relate back to the F. I. R. dated 2. 4. 2007 lodged by opposite party No. 4 against the petitioners of both the writ petitions alleging therein dowry death, accordingly we propose to dispose of these petitions by a common order.

(2.) THE factual matrix necessary for disposal of both the writ petitions is as under:- Late Smt. Anju was married to the petitioner Budhhiman Singh @ Raju S/o late Barakkey R/o Atrauli, District Hardoi on 9. 5. 2004. In the dowry, ornaments, cash, motorcycle, T. V. and other domestic articles were given to the petitioners by the father of the deceased, but the husband and his family members remained unsatisfied and there was continues lust for the dowry and with this end in view the deceased was tortured. On 1. 4. 2007 at about 8. 30 p. m. the complainant received information on telephone that his sister was seriously ill and was admitted in hospital, upon this the complainant and his family members reached the marital house of his sister and saw that his sister was lying dead in the courtyard. Accordingly they suspected that due to non fulfillment of dowry demand his sister might have been killed, accordingly an F. I. R was lodged at P. S. Atrauli on 2. 4. 2007 at 5. 30 a. m. , on the basis of which a case was registered at crime No. 305 of 2007 under section 498-A. 304-B I. P. C. and 3/4 of Dowry Prohibition Act. THEreafter the police submitted charge-sheet against the petitioners.

(3.) IT has been submitted on behalf of the State that not only F. I. R. but after investigation charge-sheet has been filed in the Court on bundle of facts and circumstances, which leave no room for doubt that the petitioners are guilty for the commission of the offences and at this stage the petitioners misconceived the facts and both the writ petitions have been filed on improper grounds. IT is always open for the petitioners to agitate before the Trial Court and to move application for discharge. In case they do not succeed then only they can move this Court for legal redress.