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TMI Blog1989 (2) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... one to Amravati to have prayers in the Devi Temple. They came back in the same evening. The day following was a fateful day. At about 2.30 PM on June 20, 1981, Chanda was seen with flames on the first floor of the residential building, frantically crying for help. That attracted some of the neighbours from the ground floor. They rushed to rescue Chanda. Three of them are: Bhanrao, Ballu alias Nandu and Ramdas. They extinguished the flame which was practically engulfing Chanda. The inmates in the house, however, did not render any such help. Dilip who was on the first floor was seen coming down the stairs. Shortly, thereafter two doctors came and the police also arrived. Chanda was taken to Ervin Hospital at Amravati in an unconscious condition. She died in the hospital at about 9.00 PM on the same day. Before the death, her dying declaration was said to have been recorded by the Executive Magistrate. It was stated therein that when she was preparing tea in the kitchen, her saree caught fire accidentally and consequently she received the burn injuries. 4. The parents of Chanda were informed of the death. They suspected foul play by the in-laws of Chanda. They lodged a report at A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to be considered is whether it is necessary to put Nathumal also on trial with the material on record. 10. We have perused the judgments of the courts below and heard counsel on both sides. We give our anxious consideration to the material on record. 11. Section 227 of the CrPC having bearing on the contentions urged for the parties, provides: 227. Discharge-If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. 12. Section 228 requires the judge to frame charge if he considers that there is ground for presuming that the accused has committed the offence. The interaction of these two sections has already been the subject matter of consideration by this Court. In State of Bihar v. Ramesh Singh 1977CriLJ1606 , Untwalia, J., while explaining the scope of the said sections observed (at 259): Reading the two provisions together in juxta position, as they have got to be, it would be clear that at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a Post Office or a mouth-piece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case and so on. This however, does not mean that the Judge should make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial. These two decisions do not lay down different principles. Prafulla Kumar case has only reiterated what has been stated in Ramesh Singh case. In fact, Section 227 itself contains enough guidelines as to the scope of enquiry for the purpose of discharging an accused. It provides that the Judge shall discharge when he considers that there is no sufficient ground for proceeding against the accused . The 'ground in the context is not a ground for conviction, but a ground for putting the accused on trial. It is in the trial, the guilt or the innocence of the accused will be determined and not at the time of framing of change. The Court, therefore, need not undertake an elaborate enquiry in sifting and weighing the material . Nor it is necessary to delve deep into various aspects. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than to expose it. The Government has come forward with legislations from time to time to protect women and to punish those' who commit atrocities on them. In 1961 the Dowry Prohibition Act (Act 28 of 1961) was passed prohibiting the taking or giving dowry. By the Criminal Law (Second Amendment) Act, 1983 (Act 46 of 1983) Chapter XX-A was introduced in the Penal Code with Section 498A creating a new offence of cruelty. It provides for punishment to husband or his relatives if they harass a woman with a view to coerce her to meet any unlawful demand for property. Section 174 of the Criminal Procedure Code was also amended to secure post-mortem in case of suicide or death of a woman within seven years of her marriage. Section 113-A has been introduced in the Evidence Act, 1872 raising presumption of cruelty as defined under Section 498A IPC against the husband or his relative if the wife commits suicide within a period of seven years from the date of her marriage. These provisions reflect the anxiety of the representatives of our people to deal firmly the menace of dowry deaths, Again, there are sweeping changes made in the Dowry Prohibition (Amendment) Act, 1984. A new offence c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Session Judge who brings to bear his knowledge and experience in criminal trials Besides, he has the assistance of counsel for the accused and Public Prosecutor. He is required to hear both sides before framing any charge against the accused of for discharging him. If the Sessions Judge after hearing the parties frames a charge and also makes an order in support thereof, the law must be allowed to take its own course. Self restraint on the part of the High Court should be the rule unless there is a glaring injustice stares the Court in the face. The opinion on any matter may differ depending upon the person who views it. There may be as many opinions on a particular matter as there are Courts but it is no ground for the High Court to interdict the trial. It would be better for the High Court to allow the trial to proceed. 20. The counsel for the State was equally critical upon the discharge of Nathumal. It was argued that Nathumal being the manager of the family ought to have taken care of Chanda and without his connivance, none would have demanded dowry and put Chanda on fire. It is true that it is his obligation as manager of the family to protect Chanda and safeguard her ri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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