C.P. Tripathi and Others vs State of Madhya Pradesh

Usha Shukla, J.—Rashmi Tripathi was the wife of applicant No. 3 Manoj Kumar. The other two applicants are his parents. Rashmi died of burn injuries 13 months after her marriage. VIIth Additional Sessions Judge, Jabalpur has framed a charge u/s 303 of the Indian Penal Code, in the alternative Section 304B, in the alternative Section 306 of the Indian Penal Code. A charge u/s 498A of the Indian Penal Code has also been framed. It is contended on behalf of the applicants that there was no material on record to frame any of these charges which should, therefore, be quashed.

Having heard Counsel for both sides and having gone through the documents on record this Court is of the opinion that the charge does not suffer from any illegality. The parents and brother of the deceased have spoken in detail about the dowry demand and harassment of the deceased Rashmi in her matrimonial home. She died of burn injuries in suspicious circumstances. Her body was almost roasted and this happened when the husband and his parents were all present in the house. The Autopsy Surgeon does not say that the burns were suicidal. Under these circumstances, the charge under Sections 307, 304B and 306 of the Indian Penal Code cannot be said to be illegal or improper. The charge under Sections 498A of the Indian Penal Code is well founded.

The revision petition has no force. It is, therefore, dismissed.