RAJENDRA SONI Vs. STATE OF M P

JUDGEMENT

(1.) The applicants-accused have directed this revision under section 397/401 of Criminal Procedure Code being aggrieved by the order dated 17-6-2011 passed by 7th Additional Sessions Judge, Satna framing the charges against them for the offence of section 306 or in alternate 302/34 of Indian Penal Code along with the offence of section 3 of Dowry Prohibition Act. In addition to it the charge of section 498-A of Indian Penal Code were also framed against the applicant Nos.1 to 5.

(2.) The facts giving rise to this revision in short are that on unnatural death of Sangita Soni the wife of applicant No. 1 Rajendra Soni due to burned injuries a inquest information was initially registered at P. S. Lordganj Jabalpur on sending the same, it was reregistered at P. S. Kothi, District Satna. In it's inquiry on recording the statements of persons belonging to the parental family of the deceased namely Kailash Chandra Soni, Father, Premlal Soni uncle, Dharmendra Soni, brother Smt. Sandhya Soni, mother, Aman Soni, son and Nidhi Soni daughter of the deceased it was revealed that subsequent to marriage, on account of demand of dowry the deceased was remained under the cruel treatment of the applicants. In continuation of if on 2-3-2010 at about 3.30 in the Noon the applicants beaten the deceased and thereafter by pouring the kerosene on her set fire, resultantly, she sustained serious injuries on her person. On which she was taken to Birla Hospital Satna from where she was shifted to M. H. Hospital Jabalpur for further treatment where during the course of treatment she succumbed to such injuries. Under such circumstances an offence under section 302/34 of Indian Penal Code was registered against all the applicants. On completion of investigation the applicants were charge-sheeted for the offence punishable under sections 302, 498-A and 34 of Indian Penal Code. After committing the case to the Sessions Court taking into consideration the papers submitted with the charge sheet on framing the charges of the offence mentioned above against the applicants, they have come forward to this Court with this revision for setting aside and quashment of the charges.

(3.) Having heard after perusing the papers of charge sheet including the FIR and interrogatory statements of the persons belonging to parental family of the deceased, have found sufficient prima-facie circumstances against the applicants for framing the abovementioned charges. Therefore, the impugned order does not required any interference at this stage.