BHAGWAN SAHAI Vs. RAJU ALIAS RAJENDRA KUMAR

JUDGEMENT

(1.) Heard. Perused the order dated 8-2-95 passed by the Additional Sessions Judge, Gangapur City in Sessions Case No. 2/92, whereby he after hearing the parties and perusing the charge-sheet and the evidence collected by the investigating officer, ordered for framing the charge against the accused-respondents Nos. 1 to 3 for offences under Sections 498A, 306 and 201, I.P.C. only and rejected the complainant's application for framing the charge against them for offence under Section 304B, I.P.C.

(2.) The deceased, Smt. Savitri was married to respondent, Raju alias Rajendra Kumar sometime in April, 1990. It is alleged that at the time of marriage, the respondent Motilal, who is father of Raju, demanded a colour T.V and Rs. 10,000/- as dowry. It is further alleged that Smt. Savitri was harassed at her in-law's house in connection with the demand of dowry. After about 11/2 months of her marriage, Smt. Savitri came back to her parents' house, where she stayed for about 4-5 months. It is further alleged that thereafter she was taken back to her in-laws' house and that on 17-9-91 her death took place in abnormal circumstances due to excessive burns. It is also alleged that the accused respondents did not report the matter to the police and hurriedly and surreptitiously cremated her dead body. Bhagwan Sahai, brother of the deceased lodged a report, whereupon initially a case for offences under Sections 498-A, 304-B and 201, IPC, was registered at police station Nadoti. However, after investigation, the police submitted challan for offences under Ss. 306 and 201, IPC. The learned Sessions Judge, to whom the case was committed by the impugned order, framed the charge for offences under Ss. 498-A, 306 and 201, IPC only against the accused-respondents and held that prima facie no offence under Sec. 304-B, IPC, was made out. Hence this revision petition.

(3.) I have carefully perused the entire evidence collected by the Investigating Officer in this case. Not a single witness in his police statement has stated that Smt. Savitri was subjected to cruelty or harassment by her husband or has any relative for or in connection with any demand for dowry soon before her death.