Madhya Pradesh High Court
Bhagwan vs The State Of Madhya Pradesh on 21 November, 2017
1
Cr.R. No.3228/2017 (Bhagwan vs. The State of M.P.)
Cr.R No.3228/2017
(Bhagwan vs. The State of Madhya Pradesh)
Indore, Dated: 21/11/2017
Shri Vivek Singh, learned counsel for the
petitioner.
M/s. Mamta Shandilya, learned Public Prosecutor
for the respondent/State.
This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "The Code"), calls in question, the legality, propriety and correctness of order dated 26/10/2017, passed by learned Special Judge, Barwani, in S.T. No.89/2017, whereby the charges under Section 304-B r/w S.109 (in alternate u/S.304-B r/w S.120B) and 498-A r/w S.120B (in alternate u/S.498-A r/w S.109 of IPC) and 3 /4 of The Dowry Prohibition Act, 1961 have been framed against petitioner Baghwan and four other persons namely Manish Gole, Jaiprakash, Pinki and Ratan Premi.
02. Matter relates to alleged dowry death of Prabha, the daughter of Rameshwar Prajapati, resident of Sendwa, district Barwani. As per prosecution, deceased Prabha was married to Manish Gole, resident of Phalsod on 17/02/2016. Jaiprakash and Pinki are respectively, father-in-law and mother-in-law of Prabha, while Ratan Premi is grand father- in-law. As per prosecution, Prabha immolated herself by pouring kerosene oil on her body. The allegation against 2 Cr.R. No.3228/2017 (Bhagwan vs. The State of M.P.) the in-laws is that they were not treating her well and were complaining that she was not discharging her household responsibilities properly. She was also being assaulted and her in-laws used to demand Rs.50,000/- by way of dowry, a demand, which was acceded to by her father Rameshwar. As per prosecution petitioner Bhagwan, a friend of Manish Gole, also used to inflict physical and mental cruelty upon the deceased apart from the other members of the in-laws family. The learned trial Court, on the basis of charge- sheet, has framed the charges as stated herein above against the petitioner as well as against Manish Gole, Jaiprakash, Pinki and Ratan Premi.
03. The order, to the extent it pertains to framing of charges against the petitioner is challenged on the ground that liability under Section 304-B and 498-A of IPC can be fastened only against husband or relatives of the husband. Reference in this regard is made to Section 304-B and 498- A of IPC. Reliance is also placed on the decision of apex Court in the case of U. Suvetha vs. State, 2009(6) SCC
787. It is submitted that considering the language of Section 304-B and 498-A of IPC, it cannot, be said that the charges under Section 304-B or 498-A of IPC, prima-facie are made out against the petitioner, who is said to be a friend of Manish Gole, the husband of Prabha. The submission is that learned trial Court has committed serious error in not considering the aforesaid factual and legal 3 Cr.R. No.3228/2017 (Bhagwan vs. The State of M.P.) aspect of the matter, therefore, the impugned order, to the extent it pertains to framing of charges against the petitioner is liable to be set aside and deserves to be discharged.
04. The learned Public Prosecutor has fairly conceded that liability under Section 304-B and 498-A of IPC can be fastened only against husband or relatives of husband.
05. Section 304-B, which is relevant for the purpose runs as under:
"304B. Dowry death.--(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
Explanation.-For the purposes of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."4
Cr.R. No.3228/2017 (Bhagwan vs. The State of M.P.)
06. Expressions 'relative of her husband' used in Section 304-B of IPC can be interpreted by apex Court in U. Suvetha's case (Supra), wherein it has been held that unless a person falls within the category of relative of husband, he or she cannot be proceeded with under Section 304-B of IPC. Similar happens to be case with regard to Section 498-A of IPC, which relates to infliction of cruelty by husband or relatives of husband.
07. The language of Section 304-B and 498-A, which is clear enough, leaves no manner of doubt with regard to the fact that only husband or relative of husband can be proceeded with under those provisions. In the instant case the petitioner, admittedly, is not the relative of Manish Gole, therefore, charges under Sections 304-B and 498-A of IPC, read with Section 109/120B ought not to have been framed against him.
As regards charge under Section 3 /4 of Dowry Prohibition Act, 1961, there is no allegation against the petitioner that he ever demanded dowry from deceased Prabha or her parents, therefore, charge under Section 3 /4 of Dowry Prohibition Act, 1961 is also, prima-facie not made out against the petitioner.
In view of the aforesaid discussion and analysis, it is clear that learned trial Court has committed serious error of law and fact in framing charges under Section 304- B r/w S.109 (in alternate u/S.304-B r/w S.120B) and 498-A 5 Cr.R. No.3228/2017 (Bhagwan vs. The State of M.P.) r/w S.120B (in alternate u/S.498-A r/w S.109 of IPC) and 3 /4 of The Dowry Prohibition Act, 1961 against the petitioner and the same cannot be sustained.
Accordingly, this petition is hereby allowed and the aforesaid charges framed against the petitioner are hereby quashed and the petitioner is discharged with regard to the aforesaid offences.
Certified copy as per rules.
(Ved Prakash Sharma) Judge sumathi Sumati Digitally signed by Sumati Jagadeesan DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, Jagadees postalCode=452001, st=Madhya Pradesh, 2.5.4.20=c924c30fdbbbe5bd3576e0 3ddd1b95d94f157e8aec842e0acdbe an ed50df87856b, cn=Sumati Jagadeesan Date: 2017.11.23 10:36:25 +05'30'