ABDUL REHMAN, S/O. ABDUL JABBAR Vs. STATE OF KARNATAKA BY CHAMARAJPET POLICE, BANGALORE CITY (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR)

JUDGEMENT

(1.) THE petitioner has challenged the order of rejection of his application filed under Section 227 Cr.P.C. seeking discharge.

(2.) THE facts reveal that the petitioner is the second accused In S.C.No.437/2011 and was chargesheeted for the offences under Sections 498 -A and 304 -B readwith 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Accused No. 1 is the husband of Salma Kousar whose marriage took place on 16 -07 -2007. She committed suicide by hanging on 31 -07 -2010. It is alleged by the prosecution that the accused demanded dowry and subjected the deceased to cruelty and harassment and in such circumstances, she is said to have committed suicide. After the investigation, a chargesheet came to be filed for the aforesaid offences and on appearance of the accused, the petitioner herein who is Accused No.2 i.e., the father -in -law of deceased Salma Kousar moved an application seeking discharge under Section 227 Cr.P.C. The said application was heard and ejected by the Trial Court and aggrieved by the said order, the present revision petition has been filed.

(3.) AS could be seen from the statements and the material placed on record in the chargesheet submitted by the prosecution, the complaint of this incident was filed by the father of deceased Salma. In the complaint, there were only allegations against Accused No. 1 subjecting the deceased to cruelty and harassment. During the inquest proceedings which were held on 31 -07 -2010 the statements of the mother of the deceased, two brothers, sister and a neighbour were recorded by the Taluka Executive Magistrate. Even in the said statements as well, the name of the petitioner does not find any place and nothing is attributed against him for subjecting the deceased to cruelty, harassment or demand for dowry. It is thereafter that the investigation was entrusted to ACP and on 20 -08 -2010 and 21 -08 -2010 he is said to have recorded the additional statements of the witnesses aforesaid, wherein the petitioner was implicated alongwith the other accused. Even the perusal of the said statements reveal a general allegation against the petitioner.