VINOD SINGH BHAGEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has challenged the order dated 27.10.2014 passed by First Additional Sessions Judge of First Additional Sessions Judge in S.T.No.74/2014 whereby the charges of offence punishable under Sections 498-A and 306 of Indian Penal Code (in short "the Code") were framed against the petitioner.

(2.) The prosecution case, in short, is that on 04.01.2014 a Merg was registered on the death of Seema Bhagel. During Merg enquiry, statement of father, mother and uncle of the deceased, and other witnesses were recorded. Parents of the deceased stated in their statement that petitioner used to beat and quarrel with the deceased on demand of dowry. Father of the deceased also stated in his statement that petitioner demanded Rs. 20,000/- on 27.12.2013 by telephone but he refused to give. After completion of Merg enquiry, it was found that petitioner/accused used to commit cruelty with the deceased for not meeting the demand of dowry and because of this she committed suicide by hanging. Thereafter, offence under Section 498-A and 306 of the Code has been registered against the petitioner/accused and after investigation charge-sheet has been filed. After receiving the case on committal, Trial Court framed the charges against the petitioner/accused under Section 498-A and 306 of the Code.

(3.) Learned counsel appearing for the petitioner vehemently submitted that the ingredients of the offence under Section 306 and 498-A of the Code are not fulfilled and no iota of evidence is available on record to implicate the petitioner. He further submitted that nothing has been stated by the parents of the deceased against the petitioner. It is further submitted that allegations of demand of Rs. 20,000/- as a dowry has been made by the father of the deceased on 27.01.2014 after the death of the deceased on 04.01.2014. It is also submitted that only on the basis of the statement of the petitioner/accused case under Section 306 and 498-A of the Code has been registered. Although in the Merg enquiry report, nothing has been found in the statement of the parents of the deceased about beating and cruel behavior with the deceased for demand of dowry.