C.V.SIRPURKAR,J. - (1.) This criminal revision is directed against the order dated 24.05.2017 passed by the Court of I Additional Sessions Judge, Tikamgarh, in Sessions Trial No.188/2016 (State of Madhya Pradesh through Police Station, Kotwali, District Tikamgarh v. Smt. Savita Athya and another) ; whereby a charge under Section 306 read with Section 34 of the Indian Penal Code was framed against petitioners Savita and Sunil.
(2.) The facts giving rise to this criminal revision may briefly be stated thus: Petitioner Sunil is brother of petitioner Sunita. Deceased Krishna Kumar had married petitioner Savita in May, 2013. Savita stayed at her matrimonial home for about 25 days and returned to her maternal home. After some days, she returned to her matrimonial home along with Prabhudayal, elder brother of deceased Krishna Kumar. On this occasion, she stayed in her matrimonial home for a period of about one month. During aforesaid period, she used to keep talking on mobile phone to someone, which led to arguments between deceased Krishna Kumar and petitioner Savita. In November, 2013 about 10-12 family members of petitioner Savita had gone to her matrimonial home and took her back to her maternal home. Thereafter, deceased Krishna Kumar went to her maternal home twice to bring her back; however, her maternal relatives abused deceased Krishna Kumar and chased him away. Meanwhile, petitioner Savita gave birth to twins. In October, 2014, Krishna Kumar's father Bholaram had gone to Savita's maternal home to bring her back but her brother and uncle abused him and declined to send her back. On 09.01.2014, Krishna Kumar had also gone to her maternal home but her relatives did not allow him to meet Savita or his children. They beat up the deceased and told him off. After returning home, deceased Krishna Kumar consumed poisonous sulphas tablets at around 07:00 p.m. on 10.11.2014. He was admitted to Tikamgarh hospital; wherefrom, he was taken to Jhansi Medical College; however, he died during treatment. He left behind a suicide note wherein he alleged that his wife Savita was a characterless woman. When Krishna Kumar disclosed this matter to others, Savita proved him wrong. Savita had sent goons to beat him. Therefore, fed up with aforesaid behaviour of Savita and her family members, particularly his brother-inlaw, he was committing suicide.
(3.) After investigation, police filed charge sheet against petitioner Savita and her brother Sunil under Section 306 read with Section 34 of the Indian Penal Code. After hearing the petitioners, learned Additional Sessions Judge framed charge against them as aforesaid.;