( 1 ) AGGRIEVED by the onder dated 21st July 1998 and also the charge framed under Section 306 Indian Penal Code by an Additional Session Judge, the petitioner-accused has filed this revision petition.

( 2 ) SMT. Namrita after receiving the burns on the intervening right of 16/17-12-1993 at House No. B-1/122, Lajpat Nagar, Delhi, was taken to Safdarjung Hospital for treatment and there she succumbed to burn injuries on 20th December 1993 Thereafter a case was registered under Section 306 Indian Penal Code against the petitioner and Smt. Susheela Verma, mother-in-law of the deceased. After the filing of the charge-sheet under Section 306 Indian Penal Code. against both of them, by the order dated 21st July 1998 Smt. Susheela Verma was discharged while charge under the said Section was ordered to be framed against the petitioner and on that day itself charge was framed against the petitioner to which he pleaded not guilty.

I have heard the petitioner who has argued in person and also Sh. Akshay Bipin for the State.

( 3 ) AS is manifest from the said order dated 21st July 1998 the Additional Session Judge formed the opinion that a prima facie case under Section 306 Indian Penal Code was made out against the petitioner taking note of the statements particularly of Prem Datta, father of the deceased, Sunita Datta, Sunila Meena, Harpreet Singla, Colleagues/friends of the deceased and Yogender Verma, husband of the deceased. All these statements were recorded by S. D. M. (s ).

( 4 ) IN the statement dated 21st December 1993 said Prem Datta has stated that the relations in between the deceased and her husband were amicable and the deceased never complained of any problem to him. Deceased was placed under suspension but that order was revoked later on. Pradeep Ahiuwalia (Petitioner) working in Delhi Tourism, used to harass the deceased by making frequent telephone calls and the husband of the deceased had even made a complaint in writing to DTDC Chairman against him.

( 5 ) IN the statement dated 12th January 1994 Harpreet Singla who was posted as Assistant Manager in Delhi Tourism, has stated that the deceased used to remain tense mainly because of her mother-in-law. Pradeep Ahiuwalia used to harass the deceased and make telephone calls at her house. For some time the deceased and Pradeep Ah- iuwalia were not on talking terms.

( 6 ) SUNITA Datta in her statement dated 16th January 1994 has deposed that she is employed with Delhi Tourism and she knew the deceased for the last about 10 years. Deceased was not pulling on well with her in-laws and the husband. She used to remain extremely tense because of her suspension and the pending enquiry. Deceased herself told that Pradeep Ahiuwalia made telephone calls to her. There was a quarrel in between the deceased and Pradeep Ahiuwalia in North Block office in Connaught Place and the entire staff knows about it.

( 7 ) SUNITA Meena in her statement dated 11th January 1994 has stated that she is employed in Delhi Tourism since 1989 and she had talks almost daily on telephone with the deceased. Deceased was not pulling on well with her husband. She was tortured more by her mother-in-law. Pradeep Ahiuwalia also harassed her besides making telephone calls. Deceased did not get moral support from her husband.

( 8 ) STATEMENT of Yogender, husband of the deceased dated 21st December 1993 which is material. needs to be reproduced in to. English translation of that statement is as under:-

"on Thursday around 10. 30 PM we both husband and wife were talking with each other. Talk started about the tension of the wife in office. My wife was suspended in 1989. The enquiry is pending. My wife was purturbed on that count. We had engaged a counsel and paid Rs. 10,000. 00 to him. His name is Mr. Dhupia. My wife was angry with me as I was not giving her time as I remained busy with my job. I slept by having my face on the other side. She told me to have face towards her but I did not do it. Thereu