KARAN AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under section 397 read with section 401 of the Code of Criminal Procedure, 1973 has been directed against order dated 10.7.2017 passed by First Additional Sessions Judge, Damoh, in Sessions Trial No. 2100176/2016, whereby charges have been framed against the petitioner for offences under sections 498-A and 304-B read with section 34 of the Indian Penal Code and section 4 of Dowry Prohibition Act.

(2.) Briefly stated, the prosecution story is that Ms. Snehil @ Sweety was married to Karan Gaikwad on 27.5.2013. After her marriage, she started living with her husband (Karan), mother-in-law (Mangal Gaikwad) and sister-in-law (Sonal @ Sonali Devkar). They harassed he for 1 Kg. of gold and ? 25 lacs cash for purchase of a flat. Because the demand was not fulfilled, she was subjected to physical and mental cruelty. Because of this cruelty and harassment by her husband, mother-in-law and sister-in-law, she was mentally upset. On 30.6.2013, her child was taken away and she was thrown out of her matrimonial house. Her brother-Santosh took her to her maternal home on 4.7.2016. She narrated the incidents to her parents. Because of constant harassment, torture, physical and mental ill-treatment to deceased-Snehil @ Sweety she had not other alternative, except to commit suicide. Therefore, she hanged herself and committed suicide, leaving a "suicide note".

(3.) Merg was registered. After inquest, First Information Report was lodged and after investigation charge-sheet has been filed. Subsequently, after committal of the case, learned Additional Sessions Judge framed charges for offences under section 498-A of I.P.C. in the alternative, Section 498-A read with section 34 of I.P.C. Section 304-B and in alternative Section 304-B read with section 34 of I.P.C. and under section 4 of the Dowry Prohibition Act.