NAVEEN GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present Revision has been preferred under Section 397/401 of the Code of Criminal Procedure, 1973 against the order dated 02.01.2013 passed by the XIV Additional Sessions Judge, Gwalior in Sessions Trial No.94/2012 whereby the Naveen Gupta Vs. State of Madhya Pradesh application filed by the petitioner under Section 216 of Cr.P.C. has been rejected by saying that prima facie charge under Section 306 of IPC was rightly framed on the basis of factual aspect of case.

(2.) Facts necessary for just disposal of the present revision are that the marriage of Rashmi Gupta (since deceased) D/o Shri Ashok Gupta was solemnized with the petitioner in the year 1995.

(3.) According to the prosecution in the intervening night of 22-23/9/2009, Smt. Rashmi Gupta was got admitted by her husband in the hospital for treatment as she got burnt. Information was given by Dr. Chouhan, Casualty Ward Incharge, JAH Hospital Gwalior to P.S. Padav. Having received the information entered in Rojnamcha Sanha No.1472/23.09.2009. Thereafter, ASI Mr. Ashok Joshi reached on the spot. Early in the morning Smt. Rashmni Gupta was shifted to Safdarjung Hospital, New Delhi, where during treatment, on 26th September, 2009 she died. On 30.09.2009, one written complaint was filed by Smt. Madhu Gupta, who is the mother of the deceased, against present petitioner who is the husband of the deceased, Shriniwas Gupta (Father-inlaw), Smt. Usha Gupta (Mother-in-law), Lalit Gupta (brotherin- law Devar) and Smt. Shweta Gupta (Sister in law- Devrani) by alleging that her daughter was subjected to cruelty on non-fulfillment of demand of dowry and because of Naveen Gupta Vs. State of Madhya Pradesh that she died unnaturally due to burn injuries in the intervening night of 22-23/9/2009. Crime No.584/2009 for the offence punishable under Section 498A, 306 IPC was registered at Police Station Padav, District Gwalior. After completion of investigation, charge sheet has been filed. Case was committed to the Court of Session where Session Trial No.94/2012 has been registered.