SUNITA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 30. 10. 2004 passed by the First Additional Sessions Judge, Umaria in S. T. No. 117/2004, whereby the direction for framing charges against the applicants under Sections 498/34, 304-B and in alternative 306 of I. P. C. has been given and the same have been framed.

(2.) THE prosecution case in brief is that the deceased Mamta was married with applicant No. 2 Rakesh @ Gudda Sahrma before four years from the date of incident i. e. , 14. 7. 2002. On this day deceased Mamta poured kerosene on herself and ablazed, immediately she was shifted to the Public Health Centre, Chandia and from where she was referred to Medical College, Jabalpur, during the treatment she succumbed to death due to burn injuries. As per procedure initially preliminary inquiry was held and on the basis of such inquiry Crime No. 166/02 was registered by Police Chandia on dated 3. 10. 2002 for offence under Sections 304-B, 306/34 of I. P. C. against the applicants. As per the contents of FIR the applicant No. 2 was married before four years in the year 1998 and at the time of marriage he demanded a 'mohanmala' (a kind of golden chain) but due to inability of the parents of deceased the same was not given, therefore, applicant No. 2 annoyed with the parents of deceased and due to this reason deceased was neglected by him and not only this but the applicant No. 2 after his marriage never come to the home of her parents and the circumstances came to this stage on 14. 7,2002 that when the deceased demanded some vegetables from her Jethani then she was subjected by some abusing language by her Jethani. When this incident was told by the deceased to applicant No. 2 then she was again neglected by her husband by saying some funny words and due to this torture deceased poured kerosene on her and committed suicide.

(3.) IN this manner she was subjected to cruelty in relation to demand of dowry within seven years from her marriage and committed suicide. During the investigation and inquiry under Section 174 of Cr. P. C. the interrogations were made and the case diary statements were recorded including the statement of mother and father of the deceased.