Jammu & Kashmir High Court: A Single Judge bench comprising of Sanjay Kumar Gupta, J. dismissed the petitions filed by the accused petitioner and his brother under Section 561-A CrPC, seeking quashing of charges filed against them under Sections 304-B and 498-A of the RPC.
The accused petitioner Rohit Singh married one Radha Sharma, according to Hindu rites and ceremonies on 07-03-2014. Within one year of their marriage, there arose matrimonial disputes which resulted in Radha (hereinafter referred to as the “deceased”) committing suicide by hanging herself at her in-laws’ house on 18-03-2016. Proceedings were initiated and after investigation, chargesheet was filed under Sections 304-B, 306 and 498 of RPC. The basis for filing of the aforesaid petitions was that pursuant to a deed of disinheritance executed by the accused’s father, the accused petitioner and the deceased had been living separately from her in-laws and therefore, there was no proximity between the demand of dowry and cause of death of the deceased.
The Court observed that the death in case at hand had taken place “otherwise than under normal circumstances” within two years of the deceased’s marriage at her in-laws’ house. There was evidence that the accused were demanding dowry in the form of plot and other articles from the deceased; her dead body was found hanging at her in-laws’ house; there were witness accounts seeing the accused entering and leaving the house where dead body was found; post-mortem report of deceased suggested death by asphyxia due to hanging, and ligature mark was found around her neck.
The High Court, relying on Umesh Kumar v State of Andhra Pradesh, (2013) 10 SCC 591, held that while framing of charges, the Court has to evaluate as to whether on the basis of materials and documents on record, there is a prima facie case to proceed against the accused. At this stage, the Court is not required to appreciate whether the material produced is sufficient or not for convicting the accused.
In view of the incriminating circumstances, the Court refused to quash the charges against accused. [Rohit Singh v State of Jammu & Kashmir, CRMC No. 607 of 2017, dated 14-09-2018]
