FERAN SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioners have challenged the order of framing of the charges against them in S. T. No. 216/91, or the offence under Section 306 of I. P. C.

(2.) THE petitioner's Counsel contended that there was no evidence of any instigation to the deceased to commit suicide. It is further submitted that the deceased was married with petitioner No. 1 Feran Singh about 8-9 years ago. She is alleged to have committed suicide on 18-2-91. On this contention the argument is developed that the legal presumption was not available to the prosecution against the petitioners as the marriage was not held within seven years from the date of incident.

(3.) AT the state of charge, Court is only to consider whether there is a strong suspicion of the commission of offence against the accused persons, or that if the production allegations were accepted as they were whether the conviction of the accused-persons could be founded on that material or not.