HARCHARAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS application in revision is directed against the order dated 3.5.1995 charging the applicants herein for liability of the offences punishable under section 498 -A read with section 306 R.P.C passed by the learned Additional Sessions Judge, Jammu in Sessions trial No. 62/1993.

(2.) THE facts of the case as stated by the prosecution are that Smt. Charanjit Kour was married to applicant No.1 herein. That the applicants herein were not satisfied with the dowry which she had brought and had been constantly making demands for more dowry and thereby causing mental and physical cruelty to her. That she could not bear with this treatment and on September 08, 1992 set herself ablase. She was hospitalised for some time in S.M.G.S. Hospital, Jammu and then shifted to Safdarganj Hospital, New Delhi, where she succumbed to the burn injuries on 11.09.1992, The brother of the deceased namely, Surinder Singh lodged the report in the Police Station Satwari, where the case was registered. After the completion of the investigation, the challan was produced against the applicants in the Committing Court for the commission of the above stated offences. The case was committed to the learned Sessions Judge, Jammu and then transferred for disposal to the court of learned Addl. Sessions Judge, Jammu. Applicant, Smt. Ram Kour, is the mother -in -law of the deceased and applicant, Smt. Surinder Kour is her sister -in -law. The learned Addl. Sessions Judge, after hearing the arguments of the prosecution and the defence, charged the applicants for the commission of offences falling under section 498 -A/306 R.P.C.

(3.) THIS order of charge has been challenged in this application of revision on the following grounds: -