MAMTA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition has been filed by the accused/petitioner- Mamta Sharma against the orders dtd. 7/3/2022 and 9/3/2022 passed by the Sixth Additional Sessions Judge, Gwalior in Session Trial Case No.135/2021 whereby the application filed by the petitioner under Sec. 227 of Cr.P.C. seeking discharge has been dismissed and by order dtd. 9/3/2022 charges under Ss. 498-A, 304-B and 302 of IPC and Sec. 4 of Dowry Prohibition Act have been framed.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) Learned counsel for the petitioner submits that it is apparent from the charge sheet itself that deceased Anju Sharma committed suicide. At the time of incident her husband was in jail. The petitioner herein is sister-in-law (Jethani) of the deceased who never demanded dowry from the parents of the deceased. At the time of incident she was not present on the spot. There is ample evidence which clearly indicates that the petitioner was living in Bhind at the relevant time. Bald and omnibus allegations have been made against the petitioner. There is no sufficient ground to frame charges against her. He further submits that there is no iota of evidence to suggest that offence of murder has been committed. This is a clear case of suicide, instead, the learned trial Court has mechanically framed the charge under Sec. 302 of IPC. The impugned orders deserve to be set aside and the petitioner should be discharged. Learned counsel for the petitioner has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Jasvinder Saini & Ors.vs. State (Govt of NCT of Delhi) Cr.A. No.819/2013.