SARVAJEET Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned AGA for the State.

(2.) This criminal revision is directed against the order dtd. 27/2/2013 passed by Additional Sessions Judge court no.24, Allahabad in S.T. No.755 of 2011 (State vs. Ram Babu). By the impugned order, the learned trial court in exercise of powers U/s 319 Cr.P.C. On an application of prosecution has summoned the revisionist-accused to face trial for the offence U/s 498A and 306 IPC with co-accused Ram Babu.

(3.) The perusal of the record, transpires that an FIR was lodged on 5/6/2002 at 04:00 pm by Ramendra Singh, the brother of opposite party no.2 regarding the incident alleged to have taken place on 5/6/2002 at about 2:30 pm. It was alleged that the marriage of sister of the complainant was solemnized with Ram Babu Singh in the year 1993. As the complainant was poor person, sufficient dowry was not given. Since last two years years his sister being tortured making allegations of theft of a chain. She was beaten today due to which she with her two minor sons jumped into the well. Her both sons have died while the sister has been saved. In this FIR in question/answer, it is also mentioned that the name of the sister of the complainant is Tara and she was being tortured by her husband Ram Babu who abeted her to commit suicide with her two sons aged about five and three years named Golu and Molu. After investigation, charge-sheet was submitted against Ram Babu Singh. During the course of trial, an application U/s 319 Cr.P.C. was filed by the victim/ prosecution alleging therein that the marriage of the victim was solemnized with Ram Babu and two sons Golu aged about 5 years and Molu aged about 3 years were born out of their wedlock. She was being harassed and tortured by her husband Ram Babu, Dewar Shiv Babu, the parent-in-laws namely Sona Devi and Sarvajeet Singh for demand of dowry. On 5/6/2002 being fed up with the torture, she was leaving for her mayaka with her sons then her husband and mother-in-law tried to push her in the well while her father in law and dewar were exhorting them. She with her both sons fell in the well being pushed by her husband and mother-in-law. A case crime no.194 of 2002 U/s 498A and 306 IPC was registered at P.S. Sarai Inayat, District Allahabad regarding the aforesaid incident, in which it is mentioned that the parent-in-laws, husband and dewar were involved in the incident. This fact is further corroborated in the application moved U/s 156 (3) Cr.P.C. and statement of the victim recorded before the trial court. On the aforesaid ground, prayer was made to summon Sarvajeet Singh, Sona Devi and Shiv Babu. The learned trial court by the impugned order has allowed the application and summoned the revisionist-accused U/s 319 Cr.P.C.