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2009 Supreme(Online)(Chh) 63

CHHATTISGARH HIGH COURT
A.M. Khanwilkar, J
Haresh and Others v. State of Chhattisgarh


Advocates:
For the Appellants/Petitioners: Unspecified
For the Respondents: Unspecified

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 jumping into a dam on 14-9-2003 within three months of her marriage in abnormal circumstances. Applicants Nos. 2 and 3 are father - in - law and mother - in - law of the deceased and applicants No. 4 and 5 are brothers - in - law of the deceased. The deceased died within seven years of her marriage in abnormal circumstances. The applicants are husband and relatives of husband of the deceased.















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