NAVIN SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. Learned counsel appearing for the petitioner submits that this petitioner being the husband of deceased has been alleged to have poured kerosene oil upon the body of the deceased and then put her on fire causing her death. After investigation, the police submitted charge -sheet under Section 304(B) of the Indian Penal Code, though there has been absolutely no allegation either with respect to demand of dowry or subjection to cruelty on account of non -fulfillment of the demand of dowry. It was further submitted that even the allegations of putting his wife on fire gels falsified from the fact, which has been stated in the First Information Report itself, that earlier wife had reported that she accidentally caught fire and in that event, the petitioner seems to be quite innocent.

(2.) AS against this petitioner, learned counsel for the State submits that in course of the investigation, the father and mother of the victim have stated before the police the petitioner used to put forth the demand of dowry and that earlier such statement was not made as they were not expecting that their daughter would survive.