REGENT COMPUTRONICS PVT. LTD.

DIGVIJAY SINGH Appellant

V/S

STATE OF M.P. Respondents

Referred Judgements :-

JUDGEMENT

(1.) This petition has been filed on 16.08.2018 under Section 482 of Cr.P.C. for quashing the FIR dated 22.05.2018 registered at Police Station Deonagar District Raisen for the offence punishable under Section 306/34 of IPC and also for quashment of Challan No. 169/2018 filed before the trial Court.

(2.) It is an admitted fact that the deceased Sadhna was marry with the applicant No.1 Digvijay Singh since ten years back. Out of their wedlock one son was also born who is aged about 5 years. On 23.04.2018, the deceased Sadhna was admitted in the Green City Hospital by the applicant No.1 Digvijay Singh and she expired on 29.04.2018, due to the burn injuries. Thereafter, the police received the information and registered the Marg No. 0/2018 on 29.04.2018 at Police Sation, Goutam Nagar, Bhopal. Upon the basis of aforesaid zero number information, original Marg No. 12/1988 was registered at Police Station, Deonagar. After the inquiry into marg on 22.05.2018, Crime No. 136/2018 under Section 306/34 of IPC was registered. Police investigate the matter and after investigation challan No. 169/2018 filed before the trial Court.

(3.) It is submitted by the applicants that the deceased Sadhna was residing with her husband, while Mahendra Singh and Parwati Thakur were living separately since six years back. As per the applicants no case is culled against the applicants under Section 306/34 of IPC, even if the entire prosecution story is treated to be a gospel truth. The dying declaration of the deceased was recorded and her statement under Section 161 of Cr.P.C. was also recorded. In both the statements, no any allegation has been made against the applicants. The deceased herself said in the dying declaration and her statement under Section 161 of Cr.P.C. that she had gone to the kitchen for cooking the food, but there was no light in the kitchen so she had to light a Chimni which was kept over and almarah near the place where she was working. When she stood up the Chimni fell on her. Due to which her sari caught fire and she got severely burnt. When she scream for help then husband/applicant No.1 reached to the room. The deceased also said in her statement that her mother-in-law and father-in-law/applicant Nos. 1 and 2 are residing separately and the deceased is resides with her husband and child. The dying declaration have been recorded by the Executive Magistrate. Therefore, no case is made out upon the basis of the dying declaration and statement under Section 161 of Cr.P.C.

Click here to view full judgment.

DIGVIJAY SINGH Vs. STATE OF M.P.

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address