- (1.)Accused/applicants have directed this petition under S. 482, Cr. P.C. for quashing of the order dated 15-7-1998 rendered by learned Additional Sessions Judge, Ujjain in ST No. 132/98 whereby the learned ASJ framed charges against the applicants for the offence punishable under Ss. 304B and 498A of the IPC and prayed for reconsideration on the point of framing of charges.
(2.)Briefly stated, the facts of the case are that Police Neelganga, District Ujjain filed challan against accused/applicants for the offences under Ss. 498A and 304B, IPC on the allegations that daughter-in-law of the petitioner No. 2, Smt. Kirtibai wife of Arunkumar committed suicide by setting her to fire resulting into her death due to burn injuries within seven years of her marriage on the ground of demand of Rs. 1 lakh and a motor cycle from her parents.
(3.)Learned trial Court on perusing challan papers and considering the submissions of the counsel for the petitioners ordered framing of charges against the applicants by the impugned order. After said order of framing of charges against the applicants, the applicants have filed an application before trial Court on 21-7-98 stating therein that the applicants came to know that before the death of the deceased, Kirtibai, her statements under S. 161, Cr. P.C. as also statements in the form of dying declaration were recorded but the said statements are suppressed by the Prosecution and not filed along with the charge-sheet. The applicants prayed that the Prosecution be directed to file said dying declaration and statements recorded under S. 161, Cr. P.C. in the Court and copy be supplied to the accused/applicants. It is also prayed that on perusal of such statements and dying declaration of the deceased no charges could be framed against the applicants and the question of framing of charges be reconsidered in the light of the said dying declaration of the deceased. Learned trial Judge by order dated 22-7-1998 rejected the said application on the ground that the prosecution cannot be compelled to file documents which are not relied on by the prosecution. Aggrieved, the applicants have filed this petition for quashing of the aforesaid order of the trial Court and directing prosecution to file said dying declaration of the deceased in the Court and supply copy of the same to them and also for reconsideration of charges in the light of the said dying declaration of the deceased.