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CHHATTISGARH HIGH COURT
A.M. Khanwilkar, J
Haresh and Others v. State of Chhattisgarh
| Table of Content |
|---|
| 1. framing of charges on dowry-related cases hinges on demonstrable evidence. (Para 1 , 4 , 10) |
| 2. claim of insufficient evidence as basis for quashing charges under ipc. (Para 2 , 6) |
| 3. court's role not to scrutinize evidential reliability at charge framing stage. (Para 3 , 7 , 8 , 9) |
| 4. consolidation of precedents directing evidential requirements for dowry violations. (Para 5) |
1. This revision is directed against the order dated 1-3-2004 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No. 396/2003, whereby learned Additional Sessions Judge has framed charge for offence punishable under S.304 - B and 498 - A read with S.34 of the IPC against the applicants.
2. The order is challenged on the ground that without any prima facie material for offence punishable under S.304 - B of the IPC, the Court below has framed the charge and thereby committed illegality.
3. I have heard learned counsel for the parties and perused the copy of the order impugned as also the copy of the charge - sheet.
4. Learned counsel for the applicants submits that Mrs. Neetu alias Neelam (since deceased) was married to applicant No. 1 Haresh on 9-6-2003 at Dhamtari and she died by
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