MANOHAR RAJGOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present revision under Section 397/401 of Cr.P.C preferred by applicants against the order dated 31.07.2017 passed by First Additional Sessions Judge, Narsinghpur (M.P.) in S.T. No.163/2017 whereby the learned Judge has framed the charge of offences punishable under Sections 304-B , 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act, against the applicants.

(2.) The case of the prosecution in brief is that the applicant No.3 is husband of deceased Smt.Jayshree, applicant No.2 is her mother-in-law and applicant No.1 is elder brother of applicant No.3. The marriage of deceased was solemnized on 06.06.2010 and after marriage the deceased was living with applicants in her marital home at village Bandhi Pithehara. It is alleged that deceased was subjected to cruelty by the applicants in connection with demand of dowry. On 24.03.2017 deceased sustained burn injuries at her marital home, she was brought to the hospital for treatment where her dying declaration was got recorded and subsequently during treatment she succumbed to her injuries on 31.03.2017. The police registered an offence against the applicants and after usual investigation submitted charge-sheet for the offences punishable under Sections 304-B, 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act.

(3.) The trial Court by passing impugned order dated 31.07.2017 framed the charge of offence punishable under Sections 304-B, 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act against the applicants and proceeded for trial. Against this order the applicants have preferred present revision.