LAWS(MPH)-2016-11-9

PRAMOD MISHRA Vs. THE STATE OF MADHYA PRADESH

Decided On November 09, 2016
PRAMOD MISHRA Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) Heard.

(2.) This revision petition has been filed against the order dated 25.05.2016 by which the trial Court has framed charges against the petitioners for commission of offences punishable under Sections 304-B/34 and 498- A/34 IPC.

(3.) Deceased Pooja Mishra was married with petitioner No.5-Vinod Mishra in May, 2014. She was living in her parents house. On 23.08.2015, she had consumed Harpic and was admitted in the Medical College, Jabalpur. Tehsildar-Executive Magistrate recorded her dying declaration on 26.08.2015. She deposed that she had taken Harpic in her parents house. She further deposed that on 21.08.2015 her jethani (wife of elder brother of the husband of deceased) made a phone call and called her to a palnaghar and at that time, elder brother of the husband of the deceased and mother of the jethani of the deceased were also there. They threatened her to agree for a divorce or a compromise and in that tension she had consumed Harpic (a poisonous substance used as toilet cleaner). The relevant portion of dying declaration reads as under: