DHANRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioners have filed this Criminal Revision under Section 397/401 Cr.P.C. for setting aside the order dated 28.06.2017 in S.T. No. 40/2017 passed by Additional Sessions Judge, Gadarwada, District Narsingpur whereby the learned ASJ has framed the charges under Sections 302, 304-B, 498A of IPC and Section 4 of Dowry Prohibition Act against the petitioners.

(2.) On perusal of tagged file bearing M.Cr.C. No.1080/2018 it is found that the petitioners along with three others persons have also filed the another petition for quashing the charge sheet in pertains to present case and vide order dated the Coordinate Bench of this Court has partly allowed the same by quashing the charge sheet in relation to petitioners Neelesh (herein petitioner No. 2). So far as petitioner No. 1 Dhanraj and petitioner No. 3 Yashpal are concerned, the Court has dismissed the same. Therefore, there is no need to pass any order in relation to petitioner No.2.

(3.) According to case, on the basis of Marg, the police has registered the FIR against the petitioners and other co-accused persons. It is mentioned in the FIR that deceased Savita Bai was married with Sunil on 17.02.2010. Soon after her marriage, the husband of deceased and his family members started torturing her mentally and physically. Due to their torture, on the intervening night of 05/06.10.2016, the deceased died under other than normal circumstances. During inquiry, the police has recorded the statements of deceased's family members and found that the petitioners and other persons are liable to be prosecuted for the offence of Sections 498-A, 304-B, 34 of IPC as well as Section 3/4 of Dowry Prohibition Act. Vide order dated 28.06.2017, the learned trial Court found that prima facie, the petitioners are liable to be prosecuted for the offence of Sections 302, 304-B, 498A of IPC and Section 4 of Dowry Prohibition Act, thus, he framed the charges against the petitioners accordingly.