Sec. 304 B and Sec.306 I.P.C.- Sec.319 Cr.P.C – summoning a person who is not a relative of the Husband to face trial as his name was mentioned in FIR and in Evidence – High court set aside the order of trial court – Apex court held that the word “relative of the husband” in Section 304 B of the IPC would mean such persons, who are related by blood, marriage or adoption. When we apply this principle the respondent herein is not related to the husband of the deceased either by blood or marriage or adoption. Hence, in our opinion, the High Court did not err in passing the impugned order. We hasten to add that a person, not a relative of the husband, may not be prosecuted for offence under Section 304B IPC but this does not mean that such a person cannot be prosecuted for any other offence viz. Section 306 IPC, in case the allegations constitute offence other than Section 304B IPC. =
High court held that
“Even the dictionary meaning of a relative is one who is related by blood
or marriage. Gurmit Singh is certainly not related to Paramjit Singh
either by blood or by marriage. Gurmit Singh would not fall in the
category of relative of the husband. Therefore, Gurmit Singh must be
excluded from the array of the accused. It is not necessary to try him
under Section 304B I.P.C. for the dowry death of Paramjit Singh’s wife.=
We do
not find anything in context to deviate from the general rule of
interpretation. Hence, we have no manner of doubt that the word “relative
of the husband” in Section 304 B of the IPC would mean such persons, who
are related by blood, marriage or adoption. When we apply this principle
the respondent herein is not related to the husband of the deceased either
by blood or marriage or adoption. Hence, in our opinion, the High Court
did not err in passing the impugned order. We hasten to add that a person,
not a relative of the husband, may not be prosecuted for offence under
Section 304B IPC but this does not mean that such a person cannot be
prosecuted for any other offence viz. Section 306 IPC, in case the
allegations constitute offence other than Section 304B IPC.
In the result, we do not find any merit in the appeal and it is
dismissed accordingly.
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