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TMI Blog1985 (12) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... eceased). The other petitioner Smt. Rama Devi in that petition is wife of Ram Kishan. Smt. Daya Wati is sister, Smt. Naraini Devi is mother and Sukhbir Singh and Daulat Ram are brothers of said Raghbir. These four persons are petitioners in Criminal Misc. (Main) 994 of 1985. 4. The version of the prosecution briefly is as follow: Nearly six months after the marriage, Raghbir his parents, his brothers Sukhbir Singh and Daulat Ram and his sister Daya Wati started harassing Promila because she had not brought adequate dowry. Once they beat her with iron rods, in respect of which a report was lodged in police station Rai, District Sonepat. Finding that Promila was not safe in her matrimonial home, her father Ram Pershad brought her to his house. For about two years Promila remained with her parents. During the time she so stayed, letters used to be received from Raghbir making demands of dowry. 5. After the expiry of about two years, Raghbir and his father met the father of Promila and requested that the Promila should be sent back to her matrimonial home. Naraini Devi mother, Sukhbir Singh and Daulat Ram brothers of Raghbir assured that Promila would not be harassed. Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused even if fully accepted before it is challenged in cross-examination or rebutted by the defense evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial. An exhaustive list of the circumstances to indicate as to what will lead to one conclusion or the other is neither possible not advisable. We may just illustrate the difference of the law by one more example. If the scales of pen as to the guilt or innocence of the accused are something like even at the conclusion of the trial, then, on the theory of benefit of doubt the case is to end in his acquittal. But if, on the other hand it is so at the initial stage of making an order under Section 227 or Section 228, then in such a situation ordinarily and generally the order which will have to be made will be one under Section 228 and not under Section 227. It is in the light of these observations that the decision is to be made. 11. I have heard the learned counsel for the parties. Section 306 IPC reads as under: If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security of is on account of failure by her or any person related to her to meet such demand. 16. According to the Supreme Court judgment 1977CriLJ1606 if there is a strong suspicion that a person had committed offence and the sale of pan as to the guilt or innocence of the accused is something like even at the initial stage of framing of charge, the charge should be framed against the said accused. When that is so, aforesaid Section 113-A of the Evidence Act assumes great importance because on fulfillment of the aforesaid two conditions, a presumption as to commission of the offence of abetment to commit suicide is raised. That section, Therefore, at this stage obviates the necessity of any analysis on the basis of the provisions of Section 306 IPC and the definition of 'abetment as given in Section 107 IPC. Hence, it is to be seen as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of Sections 45 to 51 of the Evidence Act. Hence the statement of Ram Pershad Sharma has no value as against Ram Kishan and his wife Rama Devi. 20. Apart from the statement of Ram Pershad Sharma, that of Sita Ram resident No. 71 Sawan Park Extension, Trinagar, Delhi was also recorded under Section 161 Cr.P.C. That Sita Ram is elder brother of Ram Pershad Sharma. He does not blame Ram Kishan and Smt. Rama Devi. In nut shell, his statement is that when Promila was taken away to the house of her in-law, even then there were complaints to the effect that she was being beaten by her husband Raghbir Singh, her mother-in-law Naraini Devi and her husband's brothers Daulat and Sukhbir because the demand of money and articles were not being met by the parents of Promila. 21. Under the above circumstances there is hardly any case for framing of charge against Ram Kishan and his wife Rama Devi. 22. Now I am taking up the case of Smt. Dayawati. According to the statement of Ram Pershad Sharma, Dayawati was an active party in the beating and harassment to Promila before Promila went to reside with her parents. Afterwards Promila remained with her parents for two years, and then c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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