- (1.) G. S. N. Tripathi, J. This revision petition has been directed against the order dated 23-3-96 passed by the VIIIth Addl. Sessions Judge, Ghaziabad in S. T. No. 185 of 1996-State v. Arun Kumar & others, under Section 304-B IPC, P. S. Vijaynagar, District Ghaziabad, whereby the learned trial Judge has proceeded to frame charges against the accused under 304-B of the I. P. C.
(2.) ON 30-10-93 Sri T. R. Sharma, 94, Engineer's Enclave, Pritampura, Delhi lodged a FIR at the Police Station. He has alleged that his daughter Smt. Vikky was married with revisionist No. 1 Arun Kumar on 1- 12-96. Sri Sunder Lal, revisionist No. 2 is his father. Revisionist No. 3 Varun Kumar is the younger brother of Sri Arun Kumar. Revisionist No. 4 Smt. Nirmala is the wife of Sri Sunder Lal, revisionist No. 2. He has further alleged that he had given all sorts of dowries as demanded by the accused. Even then the members of her in-laws used to torture her daughter. ON 23-10-92, a daughter was born to Smt. Vikky. As and when she used to going to the house of her parents, she used to tell that they (i. e. the petitioners) are not good people. They used to extract the money from her Bank and Post Office, accounts and threatened her to beat. Under those circumstances, Smt. Vikky committed suicide. From the entire narration of the fact in the FIR, there is no allegation that the revisionists ever demanded any dowry from Smt. Vikky or the complainant. Some letters left by Smt. Vikky were shown to me. Annexure 2 is a letter nil addressed to the husband. In this letter, she has written that no one is responsible for the action, which she is going to take. She has requested that proper arrangements be made for minor daughter. Annexure 4 is another letter, in which she has given a complete liberty to the husband to marry anyone, he likes. Another letter, Annexure 6, written by her, is to her father and mother. There is no indication that for non- fulfil ment of dowry demands, she is committing suicide.
(3.) THUS, prima facie, it is not proved that Smt. Vikky had committed suicide, resulting from the demands of dowry. THUS this cannot be said to be dowry death case. The learned VIIIth Addl. Sessions Judge has not examined the record careful ly, nor he has analysed the evidence avail able on the record. In fact, there was no evidence at all to show that the lady was subjected to any cruelty on account of demand of dowry. There was no evidence to show that the accused ever demanded any dowry from the lady or the complainant.;