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2000 Supreme(SC) 1666

State Of Delhi – Appellant
Versus
Gyan Deyi – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The limited question that arises for consideration in this case is whether the High Court committed any illegality/error in quashing the charge framed under Section 304 read with Section 34 of the Indian Penal Code (for short I.P.C. ) against respondents 1 to 3 by the Sessions Judge in exercise of its powers under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.)?

3. On receipt of a report regarding the murder of one Smt. Sudesh, who was the daughter-in-law of respondent 1 and wife of respondent 2, the police made an investigation and laid a challan against the three respondents under Section 173(2) Cr.P.C. The Additional Sessions Judge, Karkardooma, on consideration of the challan and the papers filed along with it, framed charges under Section 498-A/34 IPC against all the three respondents and under Section 304/34 IPC against the respondent 1 and 2 vide the order dated 19th February, 1996. The charge under Section 304/34 IPC which is relevant for the purpose of this proceeding is to the following effect :

"And secondly, that you Veer Bhan Gulati and Smt. Gian Devi, on or about 26.11.1991 at H.N.N.-11B/II, Dilshad Garden,




















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