SURYABHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ON 8th October, 2001, Mr. P. K. Verma, ASJ Jabalpur, framed charge for offences punishable Under Sections 304-B, 306, 498-A and 494, IPC against petitioner Suryabhan Singh and a charge for offence punishable Under Sections 306 and 494 read with Section 109 of the IPC against Mithlesh @ Mona, giving rise to this petition.

(2.) IT is not being disputed that Suryabhan Singh and one Sandhya got married on 23. 6. 1999. It is also not being disputed that Sandhya committed suicide on 4. 10. 2000. It is found stated in police statement of Saheb Singh and Yashoda, the parents of deceased Sandhya that when the fact of marriage between Suryabhan Singh and Mona @ Mithlesh came to the Knowledge of Sandhya, she could not tolerate and committed suicide.

(3.) MR. Singh has pointed out that on the basis of affidavit alone, which purports to have been sworn in by petitioner Mithlesh on 30. 7. 1999, the fact of marriage between the petitioners cannot be prima facie taken to have been proved and hence the learned ASJ was not justified in framing the charge for the offence punishable Under Section 494, IPC. It is also submitted that there is no evidence about the demand of dowry and hence, charge for offence punishable Under Section 304-B, IPC, could not have been framed against Suryabhan Singh.