RAJU PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed the petitioners herein challenging the framing of charges against them vide order-dated 31.7.2018 interalia for an offence under section 302 of the Indian Penal Code, passed by the learned 1st Additional Sessions Judge, Rehli, District Sagar in Sessions Trial No. 80/2017 [State of MP through Police Station Garhakota, District Sagar Vs. Raju Patel and others].

(2.) The undisputed fact in this case is that deceased Smt. Rachna Patel died on account of injuries received by fire in the intervening night of 30/31.8.2017. The incident had happened at her matrimonial home. There are admittedly no eye-witnesses to the incident. The impugned order is Annexure P/2. The first part of the impugned order charges the petitioners of having mentally and physically tortured the deceased for dowry on account of which she set herself on fire and committed suicide and, therefore, charged the petitioners for an offence under section 304-B of the Indian Penal Code (hereinafter referred to as 'IPC'). In the alternate, the Court has framed charge under section 302 of the Penal Code against the petitioner, which reads as under:

(3.) It is this alternate charge on account of which the petitioners are aggrieved.