UDHORAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal revision impugns the order dated 21.11.94 passed by the learned Additional Sessions Judge, Dindori, District Mandla, in S.T. No. 130/94, whereby he framed charge under Section 306 IPC against the applicant and his brother Sudarshan Sahu, co -accused. It is pertinent to mention that Sudarshan Sahu has not filed any criminal revision before this Court. Heard the counsel for the parties and perused the records. As per prosecution case, on 31.1.94 at about 9.00 p.m. deceased Sarla alias Savita wife of the applicant had set herself a fire after pouring kerosene oil on her person. Thereafter, she was rushed to the hospital and it was found during the treatment that she had sustained 90% burn injuries. During her treatment as an indoor patient her dying declaration was recorded by a Tahsildar/Executive Magistrate which completely exonerated the applicant but fastened liability on his brother Sudarshan Sahu. Even in her 161 Cr.P.C. statement during her treatment she has shown no grievance against her husband but states that it was her brother -in -law Sudarshan who used to harass her. In the FIR recorded by the Investigating Officer there is no such material to implicate the applicant for the offence charged with.

(2.) UNDER the circumstances, none of the ingredients of Section 306 IPC is attracted in respect of the applicant and more so; he himself sustained burn injuries in attempt to save the life of the deceased. Accordingly, it is a case of no evidence material and by framing the charge under Section 306 IPC, the trial Court has erred in law. If the prosecution is not quashed, I may say, it would lead to miscarriage of justice. However, the trial Court is directed to proceed with the trial of co -accused Sudarshan Sahu, if not so completed till date. Thus, the impugned order dated 21.11.94 passed by the learned Addl. Sessions Judge, Dindori, Manilla in S.T. No. 130/94 framing charge under section 306 IPC against the applicant is set aside and the charge is quashed. Accordingly, the Criminal Revision succeeds.