PREMA Y.E. Vs. STATE BY SIRA POLICE

JUDGEMENT

(1.) This revision petition is filed by the accused Nos.3 and 4 in S.C.No.47/2016 pending trial before the II Additional District and Sessions Judge, Tumakuru challenging the order dtd. 13/9/2019, by which, an application filed by them under Sec. 227 of Cr.P.C. was rejected.

(2.) The prosecution filed a charge sheet against the accused Nos.1 to 4 alleging the commission of offences punishable under Sec. 498A, 302 and 201 read with Sec. 34 of IPC. The accused No.1 is the husband, while accused No.2 is the mother-in-law of the deceased. The accused Nos.3 and 4 were the sisters-in-law of the deceased. The allegation against the accused Nos.3 and 4 were that they used to go to the house of the deceased and physically and mentally abuse her. The accused Nos.3 and 4 filed an application under Sec. 227 of Cr.P.C. to discharge them of the offences contending that there was no material collected by the prosecution to justify the charge under Sec. 498A, 302 and 201 of IPC read with Sec. 34 of IPC. The trial Court after considering the material on record, rejected the application referring to an allegation contained in the charge sheet that the deceased was physically and mentally harassed by accused Nos.3 and 4, as a result of which, she died. It also held that the veracity of the allegation made in the complaint cannot be determined at the stage of considering an application for discharge. It further noticed that the counsel representing the accused Nos.1 to 4 himself conceded before the trial Court that he did not have objection to frame charges against the accused and therefore, the Court posted the case for framing of charge on 30/5/2016 itself.

(3.) Being aggrieved by the aforesaid, the present revision petition is filed.