OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition is directed against order dated 17.12.2005 whereby Additional Sessions Judge (II), Faridabad (hereinafter described as 'the trial Court') has ordered framing of charge against the petitioners for the offence punishable under Sections 306/34 of the Indian Penal Code (for short 'the IPC') in the criminal case initiated vide FIR No. 378 dated 14.9.2003 registered under Sections 306/34 of the IPC at Police Station, Hodal, District Faridabad.

(2.) BRIEFLY stated the facts of the case are that Seema Rani (petitioner No. 6) daughter of Sant Lal (petitioner No. 5) was married to deceased-Sanjeev Kumar on 22.9.1998. Om Parkash, Parkash Lal, Prem Chand (Petitioner Nos. 1, 2 and 4) are brothers of Seema Rani, whereas Veena Rani (Petitioner No. 3) is her sister; Poonam and Neeraj (Petitioner Nos. 7 and 8) are her sisters-in-law and Sanno Devi (Petitioner No. 9) is her mother. Dashrath Kumar, the fourth brother of Seema Rani was also named in the FIR, but he has since died. Sanjeev Kumar was an unemployed youth and the marriage was performed allegedly by misrepresenting this fact. It was represented to the petitioners that the financial status of the family of Sanjeev Kumar was sound and they were owners of the several trucks, whereas the fact was that the family was bankrupt and Sanjeev Kumar has also given an application to the Employment Exchange for employment. The family of Sanjeev Kumar started making demands of dowry immediately after marriage. The petitioners gave some money and gifts in the initial period of the marriage, but could not satiate the desires of the family of Sanjeev Kumar. Serious differences erupted between the two families and ultimately, Seema Rani filed a complaint under Sections 406, 498-A of the IPC on the basis of which FIR No. 83 dated 9.4.2003 was lodged at Police Station, Sohna, District Gurgaon against Sanjeev Kumar and his family members. Sanjeev Kumar was arrested pursuant to the said FIR on 16.4.2003 and on 17.4.2003, he gave a declaratory statement (Annexure P-3) admitting that a number of gifts were received at the time of marriage and that Rs. 80,000/- were demanded by him and were paid by the family of Seema Rani. He had also stated that by this amount, he had purchased a truck, but suffered losses and had to sell the truck. Sanjeev Kumar further stated that Seema Rani left the matrimonial home on 18.12.2002.

(3.) FIR No. 378 dated 14.9.2003 was registered on the statement of Kashmiri Lal, father of Sanjeev Kumar. After investigation, the challan was presented against the petitioners to face trial under Sections 306/34 of the IPC and accordingly, they have been ordered to be charge-sheeted vide order dated 17.12.2005 by the trial Court, which has been impugned in this revision petition.