26. % 03.06.2010 Present:- Mr. Dev Dutt for the revisionists. Mr. R.N. Vats, Additional Public Prosecutor, for the State along with Inspector Rajeev Shah, Police Station Karawal, Nagar. + CrI.M.A. No. 7567/2010 in CrI.Rev.P. NO. 31412010 * Exemption from filing of certified copies of Annexures as prayed for is granted subject to all just exceptions. Crl.Rev.P. No. 314/2010 & CrI.M.A. No. 7568/2010 (for stay) The revisionists, in this revision petition filed under Sections 397/401 of the Code of Criminal Procedure, 1973, seek to challenge the impugned order on charge dated 08.04.2010 bywhich they have been charge-sheeted for offences under Sections 498-A/304-B/34 I'PC in a case vide FIR No. 148/2009 at Police Station Karawal Nagar. Mr. R.N. Vats, learned Additional Public Prosecutor, accepts notice of this revision petition on behalf of the respondent. With the consent of counsel for both the parties, this revision petition has been taken up for final disposal at this stage itself. The deceased Anju was married with the son of the revisionists at Delhi on 11.02.2005. She died an unnatural death by hanging from ceiling fan in her matrimonial home within seven years of her marriage on 27.06.2009. The FIR in question was registered against the accised persons including the revisionists on the complaint of CrI.Rev.P. No. 31412010 page 1 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified •3 ' the father of the deceased. The prosecution after completing the - . investigation filed the charge-sheet for offences under Section 498- A/304-13/34 IPC of which cognizance was taken by the concerned court and case was committed for trial to the Sessions Court. The trial court vide its impugned order dated 08.04.2010 has charged all the accused persons for offences under Sections 498- A/304-13/34 IPC. The learned counsel appearing on behalf of the revisionist5 has argued that even if the averments contained in the charge-sheet are taken on its face value and are taken to be proved, still offence under Section 304-B IPC against the revisionists is not made out. With the assistance of counsel for the parties, I have gone through the charge-sheet and other related documents placed before me for my consideration and on going through the same, 1 find that the revisionists can be charged only for offence under Section 498-A'IPC as the essential, ingredients for offence under Section 304-B IPC qua the revisionists are totally absent. A perusl of, the charge-sheet would show that even as per the, case of the prosecution, the revisionist No. 1, being the father-in-law of the deceased, along with his other relatives has visited the house of the parents of the deceased only two months before her unnatural death to persuade her to bring her back to the matrimonial home page 2 of 3 CrI.Rev.P. No. 31412010 and in fact, he succeeded in bringing her back to the matrimonial home. The FIR does not disclose any incriminating material in the nature of demand of dowry by the revisionists or harassment of the deceased by them in connection with such demand soon before her unnatural death. Hence in the considered opinion of this court, the charge under Section 304-B is not made out against the revisionists and they have to be chargedonly under Section 498-A IPC. In view of the foregoing, this revision petition is partly allowed. The impugred order on charge dated 08.04.2010 is modified to the extent that the revisionists will be charged only for offence under cri-in ziQ IPC nd not under Section 304-B IPC. This revision .. . . . . - - - - - petition stands dispOsed of accordingly. JUNE 03, 2010 V S.N.AGGARWAL, J BSR page 3 of 3 CrI.Rev.P. No. 31412010 I'