( 1 ) - This revision u/secs. 397 and 401 of the Code of Criminal Procedure is filed by the accused-applicants challenging the charges framed against them u/secs. 304-B, 306 and 498- A of the Indian Penal Code by the 1st Additional Sessions Judge, Mhow, in S. T. No. 580/95.

( 2 ) FOR the purposes of this revision it is not disputed that the deceased Umabai was the second wife of the accused-applicant No. 2 Suresh with whom her marriage was solemnised about 2 years prior to the incident in question and that at the time of this second marriage the accused-applicant had his first wife namely Anusuiyabai alive. Other accused - applicants are the relatives of the accused husband of the deceased woman.

( 3 ) ACCORDING to the prosecution the accused persons had subjected the deceased Umabai to cruelty and harassment in connection with demand for dowry and that it was on account of this kind of behaviour of the accused persons that Umabai committed suicide by consuming poison.

( 4 ) AT the arguments learned Counsel for the applicants has confined his challenge to the charges only u/secs. 304-B and 498-A, IPC and it was contended that the marriage of the applicant No. 2 Suresh with Umabai was void by reason of its taking place during the life-time of first wife of Suresh and as such she was not the validly married wife of the accused and no charge u/secs. 304-B and 498-A. IPC can therefore, be framed against the accused persons. As against it learned Government Advocate contended that term woman in Sections 304-B and 498-Aofthe Code should be given wider and extended meaning so as to include therein not only a lawfully wedded wife but also a woman married in fact by performance of necessary rites as per personal law.

( 5 ) IN order to appreciate the rival contentions it would be useful here to read Sections 304-B and 498-A of the Indian Penal Code which are, as follows:"304-B. Dowry Death Where the death of a woman is caused by any burns, bodily injury or occurs otherwise that under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for. or in connection with any demand for dowry such death shall be called dowry death and such husband or relative shall be deemed to have caused her death. 498-A. Husband or relative of husband of a woman subjecting her to cruelty Whoever, being the husband or the relative of the husband of a woman subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. "section 304-B was inserted by the Dowry Prohibition (Amendment) Act, 1986 while Section 498-A comprising an independent chapter was inserted by Criminal Law (Second Amendment) Act, 1983 Section 304-B was inserted with a view to combating the increasing menace, of dowry deaths while Section 498a reflects anxiety of the Parliament to extend protection to the weaker spouse, A common feature of both these provisions is that in both the cases the offence is committed against a woman be her husband or any relative of her husband. Both the sections thus presuppose marriage of the victim woman with the offender husband. Relatives of the husband would obviously come into existence only after a marriage has taken place. When we talk of a wife or a husband or of a marriage, it always means legally wedded wife or husband and a valid marriage. Surely both these sections have been specially enacted to protect the life and limbs of a married woman and so before any prosecution can be launched under these provisions it must be shown that the victim woman was a legally married woman. Any other victim woman would not fall within the purview of these provisions and a crime if any committed against such other woman may be dealt with under other provisions of law.

( 6 ) HONBLE the Supreme Court in Bhauraos case1 interpreting the expression