A.K. Srivastava, J. - (1.) This criminal revision petition under Sections 397/401 of the Code of Criminal Procedure is against order dated 1.9.1997 passed by Shri R.K. Yadav, Additional Sessions Judge, Karkardooma, Delhi.
(2.) By the impugned order, the learned Judge formed an opinion that a prima facie case to frame a charge for an offence punishable under Section 329 of the Indian Penal Code was made out against Vijay Kumar, the revisionist and thereafter framed charge against him on that very day. The charge reads as follows: "That on 11..2.1981 at H.No. D-77, Kalkaji, New Delhi, you alongwith your associates namely Smt. Bimla Rani and Smt. Sushma Ahuja poured kerosene oil on Smt. Manju Khullar your wife and put her to fire, as a result of which she sustained grievous injuries and remained admitted in Mool Chand Hospital upto the end of March, 1981, which grievous hurt was caused by you to Smt. Manju for the purpose of extorting from her or her parents the property and in fact you extorted a sum of Rs. 10,000.00 from her parents during the period of her admission in Mool Chand Hospital, New Delhi and hereby committed an offence punishable under Section 329 Indian Penal Code within my cognizance. And I hereby direct that you be tried by me for the aforesaid charge."
(3.) On perusal of the records it transpires that Smt. Manju Khullar, the complainant was married to revisionist accused. She had some strained relations with her husband and in-laws and was thus staying separate since April, 1981. The relevant complaint was made to the DCP(Dowry Cell) on 21.3.1989, that is to say, almost eight years after the complainant left/made to leave the company of her husband. In the complaint two grievances were made. The first related to dowry articles and the second related to an incident on 11.2.1981. The averments relating to the incident are as follows: "3. My hopes were, however, belied when on 11.2.1981 the sister of Sh. Vijay Kumar Khullar as well as his mother and my husband also poured Kerosene oil on me in order to burn me. Luckily, I was saved by one Mr. Sachdeva, our tenant, living on the first floor and I was taken to Mool Chand Hospital, Delhi, where I remained upto the end of March, 1981. 4. That the police was kind enough and they came to me in the hospital, but unfortunately due to the threats of my in-laws I just gave a statement that I got burns due to stove when I was boiling the milk. By burning, all my figures have become disfigured. I was threatened, that if I gave a statement that Kerosene oil was poured on me by my sister-in-law, mother-in-law and husband, my husband would throw me out from the house and my son would not be given to me. The entire expenses in the hospital were borne by my brothers. Not only that, during the period of one and 3/4 months that I was in the hospital, my husband took another Rs. 10,000.00 from my brother on different intervals on different pretexts.";