1. This revision petition is directed against the order dated 30.10.2004 passed by the First Additional Session Judge, Umaria in S.T. No. 117/ 2004, whereby the direction for framing charges against the applicants under Section 498-A/34. 304-B and in alternative 306 of I.P.C. has been given and the same have been framed.

2. The prosecution case in brief is that the deceased Mamta was married with applicant No.2 Rakesh @ Gudda Sharma before four years from the date of incident, i.e.. 14.7.2002. On this day, deceased Mamta poured kerosene on herself and blazed, immediately she was shifted to the Public Health Centre, Chandia, and from there she was referred to Medical College, Jabalpur, during the treatment she succumbed to death due to burn injuries. As per procedure, initially preliminary enquiry \Vas held and on the basis of such enquiry Crime No. 166/02 was registered by police Chandia on date 3.10.2002 for offence under Section 304 B, 306/ 34 of lPC against the applicants. As per the contents of FIR, the applicant No.2 was married before four years in the year 1998 and at the time of marriage he demanded a 'Mohanmala' (a kind of golden chain) but due to inability of the parents of deceased, the same was not given, therefore, applicant No.2 \Vas annoyed with the parents of deceased and due to this reason deceased was neglected by him and not only this but the applicant No.2, after his marriage, never came to the home of her parents and the circumstances came to stage on 14.7.2002 that when the deceased '" demanded some vegetables from her Jethani then she was subjected to some abusive language by her Jethani. When this incident was told by the deceased to applicant No.2 then she was again neglected by her husband by saying some funny words and due to this torture, deceased poured kerosene on her and committed suicide.

3. In this manner she was subjected to cruelty in relating to demand of dowry within seven years from her marriage and committed suicide. During the investigation and enquiry under Section 174 of Cr. pc., the interrogation were made and the case diary statements were recorded including the statement of mother and father of the deceased.

4. In the case diary statement. besides other contention Ram Awtar Sharma has made following version:

^^;g Hkh crk;h gS fd tsBkuh o ifr mls ijs’kku djrs gSaA ‘kknh ds le; dysok dh jLe esa esjs nkekn eksguekyk ¼lksus dh pSu½ ds fy;s ek¡x dj jgs FksA rc geus nsus esa vleFkZrk O;Dr dh FkhA mlh ckr dks ysdj nkekn jkds’k ukjkt jgrs FksA esjs nkekn jkds’k ‘kekZ dHkh lTtuiqj ugha vk;sA**

Not only in the case diary statement but on the merge statement recorded on 17.2.2003, same witnesses has deposed as under:

^^dysck ds le; nkekn jkds’k ‘kekZ eq>ls eksgu ekyk ekax jgs Fks tks lksus dk ¼vLi”V½ Fks rc eSa cksyk fd eSa ugha ns ldrk gw¡] rks ml ckr ls ukjkt gks x;s [kkuk ugha [kk;s eSa viuh yM+dh dh ckn esa fonk dj fn;sA**

While Smt. Lalita Devi has deposed in the merge statement recorded on 2.10.2002 as under:

^^’kknh ds le; dysck dh jLe esa nkekn jkds’k us eksguekyk ¼lksus dh pSu½ dh ekax dh Fkh rks ge yksxksa us mlesa vleFkZrk O;Dr dh Fkh bl otg ls nkekn ukjkt jgrs FksA**

5. Councel of the applicant submitted that there is a long distance in between the marriage and alleged incident of suicide and therefore, soon before her death the deceased was subjected to cruelty or harassment by her husband or any relatives in connection with a demand of dowry has not been prima facie proved. It is also submitted that on the basis of challan papers or other papers submitted along with police report under 173 of CrPC, no ingredients of Section 304-8 of IPC are available and the charge under Section 304-8 of IPC cannot be sustained. He has also assai led other charges as framed by the trial Court on the lack of ingredients of said offence.

6. Counsel of the applicant supported his argument by placing reliance on so many authorities of this Court as well as apex Court, those are considered as follows:

(1)