LAWS(MPH)-2015-4-33

PRASHAT GOYAL Vs. STATE OF M.P.

Decided On April 09, 2015
Prashat Goyal Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This revision under Section 397/401 of Cr.P.C. has been filed challenging the order dated 19.02.2013 passed by the 9th Additional Sessions Judge, Gwalior, in Sessions Trial No. 101/13 whereby charges under Section 304-B in alternative 302 in alternative 306 and under Section 498-A of IPC has been framed against the petitioner/accused.

(2.) It is alleged that deceased Amrita Agrawal, wife of Tarun Agrawal, aged 25 years died on 06.09.2012 in suspicious circumstances by hanging. Therefore, offence under Section 304-B read with Section 34 of IPC was registered against her mother-in-law, two sisters-in-law and the applicant, the husband of the sister-in-law of the deceased.

(3.) During investigation it was found that the accused persons demanded two lacs rupees as dowry and were harassing the deceased. Husband of the deceased was in the habit of taking alcohol. His mother Shobha Agrawal, Sister Chanda and petitioner Prashant repeatedly 'taunting' the deceased for she did not bring sufficient dowry. On their instigation her husband Tarun Agrawal used to commit cruelty with the deceased. On 26.09.2012, deceased was harassed by her husband, brother-in-law, sisters-in-law and the applicant. She was beaten and threatened and thrown out from the house. Deceased narrated her maternal home and informed all the incidents. She told this to her father, mother accompanied by Govind Agrawal.