LAYAK SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicants/accused, have filed this revision being aggrieved by the order dated 26.4.2011 passed by the 4 th Add. Sessions Judge (FTC) Damoh in S.T.No.74/11 framing the charges against each of the applicants for the offence of section 498-A,304-B and 302/34 of IPC.

(2.) The facts giving rise to this revision in short are that on dated 23.6.2010 at Police Station Kotwali, Damoh, the duty doctor namely Raju Sthapak posted at district hospital Damoh sent a report in writing regarding unnatural death of Guddi Bai wife of Mohan Singh, aged 24 years through Lab Assistant, namely, Manoj Sharma to the police station Kotwali, on which, the inquest intimation bearing No.0/10 was registered according to which after sustaining the burn injuries, said Guddi Bai was brought to hospital for treatment and during the treatment, she succumbed to the injuries. In the course of its inquiry, the dead body panchnama was prepared and the body was sent for postmortem. After receiving such report, the inquest diary was sent to Police Station Hatta in whose territorial jurisdiction the alleged incident had taken place. On receiving such diary, the inquest intimation case No.30/10, was re-registered and as per the2 prescribed procedure its further inquiry was carried out. On establishing the fact that Guddi Bai was married with one Mohan Singh, the son of the present applicants, within last seven years from the date of the incident and soon before death she was subjected to harassment and the cruelty by the present applicants on account of demand of dowry and due to such reason, by pouring kerosene on herself, she set fire, resultantly she sustained burn injuries and on taking to hospital, in the course of treatment, she succumbed to such injuries, on which, the Crime No.233/10 was registered on 10.7.2010 against the applicants at PS Hatta for the offence under section 304-B, 498-A and 302 read with 34 of the IPC and also under section 3/ 4 of the Dowry Prohibition Act. In investigation, in accordance with the prescribed procedure, various Panchnama and other papers were prepared, the interrogatory statements of the witnesses from the parental family and others were recorded. On completion of the investigation, the applicants were charge sheeted for the aforesaid offences.

(3.) After committing the case to the Sessions Court on evaluation of the charge-sheet the charges of section 498-A,304-B and 302 read with section 34 IPC were framed against the applicants. They abjured the guilt and being dissatisfied with such order, have come to this court with this revision with a prayer to discharge them from the aforesaid offence.