VIMAL KUMAR MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed by the petitioners herein challenging the order framing charges dated 28-07-2017 passed by the Ist Additional Sessions Judge, Betul in Sessions Trial No. 400180/16 ( State of M.P through Police Station Sarni District Betul Vs. Vimal Kumar Mishra and others).

(2.) By the said order, the trial court has framed charges against the petitioners herein under Sections 498-A and 306 of IPC. Aggrieved by the said order, the present criminal revision has been preferred.The petitioner No. 1, is the husband of the deceased and the petitioner No. 2 and 3 are the father-in-law and mother-in-law respectively of the deceaased Nisha Mishra.

(3.) The case of the prosecution is that the marrige of the petitioner No.1 took place with the deceased in the year 2007. After the marriage of the deceased, she stayed with her parents for seven years and the 'gauna' ceremony took place in the year 2014. At the time of marriage, the deceased was 15 years of age. She is stated to have committed suicide on 26-01-2016 by hanging herself. The police had filed the charge-sheet against the petitioners herein for the offence under Section 304-B and 498-A / 34 of IPC. The learned trial court upon appreciation of evidence, came to the conclusion that as over seven years had passed since the performance of the marriage which was in the year 2007 and the deceased committed suicide in the year 2016 i.e, almost 9 years after the marriage, the offence under Section 304-B is not made out. However, on the same facts, the learned trial court held that an offence under Section 306 of IPC is made out and therefore, framed charges against the petitioners as stated hereinabove.