Decided on June 06,2007



S.Ravindra Bhat, J. - (1.) This revision is directed against the order on charge dated 02-08-03. The learned Additional Sessions Judge (hereafter "the trial court") charged the Petitioner, for commission of offences punishable under Section 498-A/ 304-B IPC. The other co-accused too was charged.
(2.) The prosecution alleged that on 24-08-2000, Manju, wife of the petitioner (hereafter "the deceased") was admitted to the Safdarjung Hospital with 90% burns. One Krishan Gahlot of Newada from whom her husband had taken Rs 10,000/- loan, first forced her to have friendship with him and on 18-08-2000, he visited their home, tried to persuade her to have sexual relationship; when she refused, he had forcible sexual intercourse with her. It was alleged that on 24-08-2000, when the deceased disclosed this to the petitioner, he scolded her as to why she hid it from him. Subsequently, she served food to him around 5.15 p.m. and then went to the kitchen, poured kerosene and set herself ablaze. In her statement to the IO, she stated that she wanted to commit suicide. She stated that she had written a letter about this incident, which was kept behind a photo on the alter for the gods at home.
(3.) On the basis of her statement, an FIR was registered. Manju succumbed to her injuries on 25-08-2000. During proceedings before SDM on 30-08-2000, the mother of the deceased Smt. Usha Kiran, brother Parvesh, sister Smt. Anju Sharma and brother-in-law Sh. R.P. Sharma, made statements in which they alleged that quarrel had erupted between the deceased and the petitioner, just eight days after their marriage on 02-12-1995. They further stated that the petitioner was a drunkard; even on the wedding night he was drunk and had given beatings to the deceased. He was unemployed and ran his household by borrowing money from people. He always used to beat Manju. They further alleged that many times, the petitioner had borrowed money from them and he had threatened Manju that he would kill her brother and defame her mother. The mother of the deceased expressed suspicion that the petitioner must have burnt her daughter since on earlier occasions he had threatened to burn her. She said that immediately after the incident took place, she was not allowed to go inside and meet her daughter, but when she went and met her, her daughter said that she was forced to write the suicide note since her husband was not able to pay the debt to Krishan Gahlot. She further stated that her daughter had told her that she had written the letter under pressure and out of compulsion.;

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