CHANDER KANT Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged order dtd. 18/1/2021 passed by the learned Second Additional Sessions Judge, Jammu whereby the petitioners have been charged for offences under Sec. 302/34 IPC.

(2.) As per the prosecution case, on 7/6/2020 a written docket was received in Police Station, Satwari whereby an information was received that a woman, namely, Mst. Rekha Sharma wife of the petitioner no. 1-Chander Kant Tiwari had fallen from the stairs of the house and had died. On the basis of this report, proceedings under Sec. 174 CrPC were initiated. After conclusion of the proceedings, it was revealed that the deceased-Mst. Rekha Sharma was married to the petitioner-Chander Kant Tiwari about eight years ago and after the marriage the petitioner used to torture her. It was also found that on 22/4/2020, the mother of the deceased had invited her to attend Satsang. The petitioner-Chander Kant Tiwari did not allow her to go. In the morning of 23/4/2020, when the deceased was insisting for going to her parental house, a quarrel took place between the deceased and her husband in which some relatives of the husband also participated. As a result of this quarrel, the deceased died. Accordingly FIR No. 116/2020 for offences under Sec. 302/34 IPC was registered and the investigation of the case was set into motion.

(3.) After investigation of the case, it was established that the deceased was married to the petitioner-Chander Kant Tiwari about eight years ago and out of this wedlock, one male baby was born who is aged about six years. It was also established that the petitioner-Chander Kant Tiwari used to harass the deceased on account of demands of dowry and he used to give beatings to her. On 24/4/2020, a satsang was organized in the parental house of the deceased but the petitioner-Chander Kant Tiwari did not allow his deceased-wife to participate in the said function. On 23/4/2020, a scuffle took place between petitioner-Chander Kant Tiwari and the deceased on the said issue. The other two petitioners, namely, Sunehela Devi, the mother in law of the deceased and Sunita Tiwari, the sister in law of the deceased also participated in the quarrel and they started beating the deceased. The petitioner-Chander Kant Tiwari is stated to have given a blow of rod on the head of the deceased which led to her death.