Suryabhan Singh and Another vs State of M.P.

Narain Singh ''Azad'', J.—On 8th October, 2001, Shri P.K. Verma, ASJ Jabalpur, framed charge for offences punishable under Sections 304B, 306, 498A and 494, IPC against petitioner Suryabhan Singh and a charge for offences punishable under Sections 306 and 494 read with Section 109 of the IPC against Mithlesh alias Mona, giving rise to this petition.

It is not being disputed that Suryabhan Singh and one Sandhya got married on 23-6-1999. It is also not being disputed that Sandhya committed suicide on 4-10-2000. It is found stated in police statement of Saheb Singh and Yashoda, the parents of deceased Sandhya that when the fact of marriage between Suryabhan Singh and Mona alias Mithlesh come to the knowledge of Sandhya, she could not tolerate and committed suicide.

Shri Singh has pointed out that on the basis of affidavit alone, which purports to have been sworn in by petitioner Mithlesh on 30-7-1999, the fact of marriage between the petitioners cannot be prima facie taken to have been proved and hence the learned ASJ was not justified in framing the charge for the offence punishable u/s 494, IPC. It is also submitted that there is no evidence about the demand of dowry and hence, charge for offence punishable u/s 304B, IPC, could not have been framed against Suryabhan Singh.

The law on framing the charge is settled. Even on the basis of grave suspicion about commission of offence, the charge may be framed. Therefore, framing charge on the basis of affidavit dated 30-7-1999 is neither illegal nor improper.

So far as charge for offence punishable u/s 304B of the IPC is concerned, nothing is found stated against petitioner Suryabhan Singh, in the statements of Saheb Singh and Yashoda Bai, the parents, but it is found recorded in the statement of Udaibhan Singh, the brother of deceased, that petitioner Suryabhan Singh used to demand money from the father of the deceased.

Thus, the learned ASJ is not found to have committed any illegality or impropriety in framing the charge for offence punishable u/s 304B, IPC against petitioner Suryabhan Singh.

Thus, this petition does not merit, which is, accordingly, disallowed and rejected.