NASIB SINGH Vs. CHANCHAL SINGH AND ORS.

JUDGEMENT

(1.) This revision is directed against the order dated 14.12.2016 passed by learned 1st Additional Sessions Judge, Jammu in case titled 'State v. Chanchal Singh and ors .' whereby the petitioner has been wrongly charged under Section 306/498-A RPC instead of 304-B/498-A RPC.

(2.) Learned counsel submitted that the petitioner is de-facto complainant and an unfortunate father of his deceased daughter namely Savita Devi who was compelled by the respondents to commit suicide. That during investigation, the police had collected sufficient material and concluded that the death of the deceased had caused by burn injuries and it has also come in the investigation that her in-laws i.e. respondent Nos.1 to 3 were treating her with cruelty and atrocities and many a times the illegal demands of dowry raised by the respondents. That two days prior to the incident, she was thrown out by the respondents of her matrimonial home with the demand of dowry of Rs. 10 lacs under the pretext of opening of showroom. That on 09.04.2016, the petitioner took his daughter back to her matrimonial home and tried to persuade the accused and showed his helplessness to meet the said demand and sought time to fulfil the same but on 11.04.2016 at 9.30 p.m., the petitioner came to know that his daughter set herself ablaze at her in-laws house. On 13.04.2016, she succumbed to the injuries.

(3.) Learned counsel for the petitioner further submitted that FIR No.90/2016 under Section 306 RPC came to be registered in Police Station Gandhi Nagar, Jammu and during investigation evidence against the accused was collected and the statement of the witnesses were recorded and ultimately challan was presented against the accused under Section 306/498-A RPC despite the fact that there was sufficient material and evidence available on record for charging the accused under Section 304-B/498-A RPC.