STATE OF MADHYA PRADESH Vs. BASANT YADAV

JUDGEMENT

(1.) Heard. This revision under Section 397 read with section 401 of Cr.P.C , 1973has been directed against the order dated 17.09.2012 passed by A.S.J, Pawai in S.T. No. 103/2012 wherein the learned A.S.J has discharged the respondent/accused from the offence under Section 304 (B) of I.P.C holding that only prima facie offence under Section 498-A of I.P.C read with Section 3/4 of the Dowry Prohibition Act is made out and remanded the case to the J.M.F.C, Pawai for trial according to law.

(2.) Bereft of the unnecessary details, the facts just necessary for disposal of this revision are that Smt. Sulochana was married to the respondent/accused. On the information of Purushottam on 20.05.2012, Merg No. 17/12 was registered at Police Station Shahnagar. After inquest report, it was found that Smt. Sulochana aged about twenty two years married to the respondent/accused-Basant Yadav four years prior to the incident. After the marriage, the respondent demanded Rs. 2,00,000/- as dowry and in lieu of money he wanted that agricultural land be mutated in his name. He harassed the deceased and treated her with cruelty. Therefore, the deceased died within seven years of her marriage in suspicious circumstances. Offence under Section 304-B and Section 498 -A of I.P.C read with Sections 3/4 of the Dowry Prohibition Act has been registered by Police Station Shahnagar. After due investigation charge sheet has been filed.

(3.) After committal of the case learned A.S.J, Pawai vide order dated 17.09.2012 discharged the respondent/accused for offence under Section 304 (B) of I.P.C and remanded the case to the J.M.F.C for trial in accordance with law as regarding offence under Section 498-A of I.P.C read with Section 3/4 of the Dowry Prohibition Act, 1961.