MEWATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal revision has been filed under Sec. 397/401 Cr.P.C., the revisionists have assailed the impugned order dtd. 3/9/2019 passed by the Ist Additional Sessions Judge Basti in Sessions Trial No. 35 of 2015 (State Vs. Ram Suresh and others) arising out of Case Crime No. 627 of 2014 under Sec. 498-A, 304-B and Sec. 3/4 of D.P.Act P.S. Paikoliya, District- Basti. By the impugned order, the trial court has rejected the application under Sec. 227 Cr.P.C. of the revisionists Smt. Mewati Devi and Ram Suresh and has directed to frame charge under Sec. 498-A and 302 IPC against them.

(2.) It has been submitted by learned counsel for the revisionist that the Investigating Officer had found that the occurrence has taken place after more than seven years of marriage and therefore charge-sheet has been submitted under Sec. 306 IPC against them. The learned trial court vide order dtd. 20/5/2019 instead of Sec. 306 IPC altered the charge under Ss. 498-A, 304-B and Sec. 3/4 of D.P. Act, subsequently, revisionist filed a discharge application under Sec. 227 Cr.P.C. in compliance of the order dtd. 27/6/2019 passed by the co-ordinate Bench of this court in Application u/s 482 No. 23601 of 2001, then the trial court vide impugned order dtd. 3/9/2019 held that charge under Sec. 304-B is not made out and modified the charge after dropping Sec. 304-B IPC and passed the order by framing the charge under Sec. 498-A and 302 IPC.

(3.) It has been further submitted that the trial court passed the impugned order against the weight of evidence on record and without application of judicial mind which is liable to be quashed.