JUDGMENT

Sema, J.-Leave granted.

Heard Mr. R.P. Gupta, learned Senior counsel on behalf of the appellant and Mr. B.S. Banthia, learned counsel on behalf of the respondent.

2. The appellant felt aggrieved by an order dated 2nd July, 2001 passed by the Additional Sessions Judge, Sihora, in sessions trial No. 469 of 1998 whereby the appellant has been charge-sheeted for an offence under Section 306 of the Indian Penal Code, filed a petition under Section 482 of the Code of Criminal Procedure for quashing the charge before the High Court without any result, hence the appeal.

3. Basic facts may be noted.

4. Appellant is the brother of Neelam Sengar, wife of the deceased Chander Bhushan @ Babloo. It is stated that the marriage between the sister of the appellant and the deceased took place in 1993. It is also stated that immediately after marriage she was subjected to continuous ill-treatment by the deceased and the family members forcing her to live separately along with her husband and children for about a year. Thereafter, she went to her parents house and started living with her brother-the appellant herein. About two months prior to the incident, the appellant advised the deceased to ta