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1 - 7 of 7 (0.26 seconds)Section 3 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 4 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 304B in The Indian Penal Code, 1860 [Entire Act]
Pramod Mishra vs The State Of Madhya Pradesh on 23 August, 2012
2. It is argued by the counsel for the applicants that
deceased Pooja Mishra was married with co-accused Vinod
~2~ Cr. R.No. 215/2018
Mishra in May 2014. She was living in her parental house. On
23.8.2015 she had consumed Harpic and was admitted in Medical
College, Jabalpur wherein her dying declaration was recorded in
which she added three more names i.e. Pramod (applicant No.1),
Supriya (applicant No.3) and Manorama Pathak (other co-
accused) on the allegations that all of them threatened her to enter
into compromise. During the course of treatment, she succumbed
to death. Her dead body was sent for postmortem and Autopsy
Surgeon opined that the cause of death could not be ascertained.
Viscera is preserved for chemical analysis. Thereafter the trial
Court framed charges for offences punishable under Section 304
B read with Section 34 and 498-A read with 34 of the I.P.C.
Against the order dated 25.05.2016 whereby charges were
framed, the applicants preferred Cr.R No.1500/2016 (Pramod
Mishra and others v. State of M.P.) before this Court. A Division
Bench of this Court vide order dated 09.11.2016 observed that
"No charges is made out against the petitioners for commission of
offence punishable under Section 304-B of the IPC. Copy of the
aforesaid order is annexed here. The learned trial Court again
framed the charges under Section 498-A read with Section 34
I.P.C and also under Section 3/4 of Dowry Prohibition Act, 1961
~3~ Cr. R.No. 215/2018
against the applicants. It is argued that the learned Court below
has completely overlooked as to the role played by present
applicants for commission of said offence. The impugned order
framing charge against the applicants is patently unwarranted,
unsustainable and deserves to be quashed. He submits that the
deceased was residing in her parental house at the time of
incident, therefore, it cannot be said that the applicants gave cruel
treatment to her, due to which the deceased committed suicide.
The dying declaration has been recorded by the Teshildar on
28/8/2015. Thereafter, she was discharged from the hospital and
after a period of three months of the incident i.e. on 23.11.2015
she again consumed poisonous substance and she died.
Section 323 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
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