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2018 Supreme(Del) 2326

SANJEEV SACHDEVA
State – Appellant
Versus
Nafisa @ Anisa – Respondent


Advocates Appeared:
For the Petitioner: Ms. Neelam Sharma, Addl. PP
For the Respondent:Mr. Kapil Singhal, Advocate

JUDGMENT :

SANJEEV SACHDEVA, J.

1. State has filed this revision petition impugning order dated 04.03.2015 in FIR No. 580/2014 under Sections 302/498A/304B Indian Penal Code, 1860 (IPC for short), Police Station Gokul Puri, in so far as the order discharges the respondents of the commission of offence under Sections 498A/304B IPC.

2. Respondent No. 1 was the mother-in-law of the deceased. Respondent no. 2 was the husband of the deceased.

3. By the impugned order on charge, trial court has declined to frame charges under Section 498A/304B IPC against either of the two accused, however, has framed a charge under Section 302 IPC against respondent no. 2, the husband.

4. Subject FIR was registered on the complaint of the deceased who had sustained burn injuries. A call was received and when the Constable reached the house of the complainant, she was found in a fully burnt condition and was taken to hospital. Doctor declared that she had sustained 95% to 100% burns, however, was fit for statement. Her statement was recorded by the concerned SDM. On her statement, subject FIR was registered under Section 498A/307/34 IPC. Subsequently, two days later, the complainant died due to burn injuries.






















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