C.V. Sirpurkar, J. - (1.)THIS criminal revision is directed against order dated 14.11.2015 passed by the Court of 3rd ASJ, Bhopal, in Session Trial No. 905/2015, whereby learned trial Court had directed framing of charge under Section 306 of the IPC against the applicant Mamta Gupta.
(2.)AS per prosecution story, deceased Deepika married co -accused Praveen on 26.02.2009. Since before their marriage, co -accused Praveen was having an affair with applicant Mamta Gupta. The Affair continue even after marriage between co -accused Praveen and deceased Deepika. As a result of aforesaid extra -marital affair, co -accused Praveen used to get drunk and abused and harassed deceased Deepika. he also used to beat her up. On 25.2.2013, co -accused Praveen admitted in an affidavit that due to his extra marital affair with the applicant Mamta, he used to drink, abuse and harass his wife Deepika but he promised to remove Mamta from his life forever and declared that he would henceforth live normal life with his wife. He also declared that in case he failed to live up to his promise, wife Deepika would be entitled to seek divorce and appropriate compensation; however, co -accused Praveen did not mend his ways. On 01.11.2013, deceased Deepika lodged a complaint with police that after their marriage applicant Mamta had come to her matrimonial home and told her that she had married co -accused Praveen at Ujjain and Praveen is her husband. She had heard Praveen and Mamta talking on telephone many a time. She also caught Praveen with Mamta at her place. Mamta had also abused and threatened her on telephone on several occasion. When she asked her husband to sever his relationship with Mamta, he abused and beat her up. When she complaint about the affair to her parents and in -laws, they used to try and reason it out with her husband. Her husband used to apologize but persisted with the affair.
It is also prosecution case that fed up with aforesaid situation Deepika committed suicide by setting herself afire after dousing her in kerosene at her matrimonial home on 02.05.2014. She was taken to Narmada Hospital, Bhopal where she made a dying declaration blaming applicant Mamta for her suicide. Subsequently, she died in Lake City Hospital, Bhopal on 09.5.2014.

(3.)A Charge -sheet was filed against co -accused Praveen and applicant Mamta. After hearing the parties, learned trial Court proceeded to frame charge under Sections 498 -A, 304 -B and in the alternative section 306 read with section 120 -B of the IPC against co -accused Praveen and under section 306 of the IPC against the applicant Mamta.