SURENDER TOKAS Vs. STATE NCT OF DELHI
HIGH COURT OF DELHI
STATE (NATIONAL CAPITAL TERRITORY OF DELHI)
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(1.) Mr.Justice S.Ravindra Bhat
The revision petitioner, under Section 397 challenges an order on
charge, framed by the learned Additional Sessions Judge (hereafter "ASJ")
whereby he has been charged with commission of offence under Section 498-A,
Indian Penal Code, 1860 (hereafter "IPC").
(2.) According to allegations in the First Information Report (FIR) the
petitioner, husband of Anju, (the deceased, referred to as such) had a quarrel
with her; as a result, she set fire to herself, in a fit of anger. The incident
occurred on 7-11-2004 The deceased was removed to the hospital; her initial
statement was that she caught fire while cooking; in a subsequent statement,
recorded after she was found fit to make another statement, she gave a different
version. She said that after a quarrel with the husband, in a fit of rage, she
went, poured kerosine, and set herself ablaze. She also stated that she did not
realize that the incident could become so serious. Later, on 13th November,
2004, she died, on account of infection, caused by 48% burns. The FIR registered
was for the offence under Section 306, and Section 498-A. The marriage between
the couple had been solemnized 15 years before the incident.
(3.) After charge sheet was filed, the prosecution urged that the petitioner
ought to be charged with both offences; the trial court considered the
materials, and held that the charge under Section 306 was not made out. It,
however, framed the charge under Section 498-A on the basis of the statement
recorded under Section 161, by the minor daughter of the couple, who had
mentioned about how the petitioner, her father, had allegedly stated "Sali, mar
kyon nahin jati" before the deceased set fire to herself.;
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