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2022 Supreme(Chh) 439

DEEPAK KUMAR TIWARI
Ashok Kewat S/o Shri Chandram Kewat – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sumit Shrivastava.
For the Respondent: Priyamvada Singh.

ORDER :

1. Being aggrieved by the impugned order dated 06.11.2019 passed by the Third Additional Sessions Judge, Balodabazar in Sessions Trial No. 68/2019, whereby the learned Third Additional Sessions Judge has framed the charge against the applicants for offence under Section 304B/149 of the IPC.

2. Mr. Sumit Shrivastava, learned counsel for the applicants, would submit that deceased Smt. Rajni Kewat died on 27.9.2018 due to burn injuries received by her on 24.9.2018 at the matrimonial house. Her marriage was solemnized with applicant No. 1 in the year 2017. In dying declaration given by the deceased on 24.9.2018, she has clearly stated that she herself set her on fire and no family members and in-laws are responsible for the same. He would further submit that the deceased and husband are residing separately and just to harass other family members, omnibus allegations were made. He contended that there is no sufficient material adduced by the prosecution for framing of charge. Even whole of the prosecution taken as it is, then also, no offence is made out against the present applicants. Therefore, he prays to set aside the impugned order framing charge.

3. On the other hand, Ms Priy

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