KRISHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners are facing trial on charge under Sections 304-B and 498-A, Indian Penal Code, before the Additional Sessions Judge, Faridabad. It is stated by Mr. U. D. Gour, learned Senior Advocate that the prosecution has almost concluded its evidence and only two formal witnesses are yet to be examined. The trial Court is bound to go into the legal import of the presumption raised under Section 304-B of the Indian Penal Code besides Sections 113-A and 113-B of the Evidence Act, which provide for the raising of presumption of causing death against the husband or relative of the husband, pubishable under Section 304-B, Indian Penal Code, if the death of the wife occurs due to burn injuries or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is found oh facts that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband, for, or in connection with any demand or dowry. The trial Court shall S also consider the import of Section 304-B, Indian Penal Code, viz a-viz the definition of "abetment" contained in Section 107-of the Indian Penal Code etc. and other allied issues raised by. the defence counsel.

(2.) IT is not considered desirable to give a decision on the merits of this revision petition as the observations therein might prejudice the trial Court in imparting justice although one is tempted to decide these issues as the newly married wife may die due to many other natural causes like the mental imbalance, psychic or emotional differences, temperamental sensitiveness etc. etc. The trial Court is directing to decide these issues after recording the statements of the accused under Section 313 of the Code of Criminal Procedure, and before calling the accused to enter upon his defence, after hearing the learned counsel for both the parties.

(3.) THE revision petition stands disposed of accordingly.