K. J. ROHEE, J

1. The State has challenged acquittal of the respondent/accused for the offence punishable under Section 302 of IPC by the Additional Sessions Judge, Wardha in Sessions Trial No.3/1982 decided on 30.8.1991.

2. The case relates to the unfortunate death of a newly wed bride within five days of her marriage.

3. Nemichand Hirachand Singhvi (PW5) is a businessman at village Nerparsopant, district Yavatmal. He was having four sons namely Shantilal (PW1), Dharamchand, Rikabchand, Vijaychand (PW4) and a daughter namely Chanda (the deceased).

4. Nathmal Chordiya is a businessman at Arvi, district Wardha. He is having a three storeyed house on the ground floor of which his hardware shop is located. On the first floor there is a drawing hall and a kitchen and on the second floor there are bed rooms and toilets. Nathmal has two sons namely Dilip (the accused) and Ramesh and a daughter namely Asha. His elder son Dilip (the accused) was married so also his daughter Asha. Nathmal, his wife, sons and daughter-in-law were residing jointly in the said house.

5. The marriage of Chanda (aged about 18 years) was settled with Ramesh, the younger son of Nathmal by giving sumptuous dowry. On 15.6.1981 the marriage was solemnized at Nerparsopant. After the marriage party arrived from Arvi to Nerparsopant, Dilip and others started creating scene by alleging that the arrangements were not proper. However, the marriage ceremony was over smoothly and the marriage party left for Arvi with Chanda (the bride). PW3 Kamlabai Fursule, the maid at the house of Chanda's parents, also accompanied Chanda to Arvi and stayed with her. On 19.6.1981 Kamlabai was sent back to Nerparsopant by telling her that a message was received from Chanda's parents to send back Kamlabai. On the same day PW4 Vijaychand reached Arvi for bringing Chanda to Nerparsopant as per the custom. PW4 Vijaychand received a very cool reception at the matrimonial house of Chanda. He was informed of the dissatisfaction of Chanda's in-laws about the inadequate dowry and inconvenience caused to marriage party at Nerparsopant. PW4 Vijaychand was asked to go back to Nerparsopant and he was told that Chanda would be sent after wards. Accordingly PW4 Vijaychand had to return to Nerparsopant without taking Chanda with him.

6. On the next day i.e. on 20.6.1981 in the afternoon and blunt rounded object. He opined that the probable cause of death was shock resulted by extensive burns.

7. It seems that after transfer from P.S. Rajapeth (Amravati), Crime No. 199/91 under section 302/34 was registered at P.S. Arvi against Chanda's father-in-law and his sons. Spot panchanama and various seizure memos were prepared. Statements of witnesses were recorded. Several investigating officers were changed. After completion of investigation, charge sheet was filed against Dilip (the present respondent) and his father Nathmal under section 306/34 of IPC before JMFC Arvi on 20.11.1981 alleging that Chanda committed suicide by burning herself and that Dilip and his father Nathmal abetted her to commit suicide.

8. JMFC Arvi committed the case to the Court of Sessions, Wardha. On hearing the prosecution and the accused persons, the Sessions Judge discharged Nathmal and framed charge against Dilip under Section 302 of IPC.

9. Dilip as well as the State challenged the order of the Sessions Judge by preferring separate revisions before this Court. The learned Single Judge of this Court allowed the revision preferred by Dilip, quashed the charge framed against him, discharged him and dismissed the revision filed by the State.

10. The order of the learned Single Judge was challenged before the Supreme Court by the State as well as by Stree Atyachar Virodhi Parishad. In (1989) 1 Supreme Court Cases 715 (Stree Atyachar Virodhi Parishad .vs. Dilip Nathumal Chordiya and another) the Supreme Court allowed the appeals only against Dilip, dismissed the appeals against Nathmal and confirmed his discharge. Thereafter the t