VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by the applicants Veer Singh, Smt. Munni and Smt. Shimla with a prayer that the order dated 23.10.2007 passed by learned Chief Judicial Magis ­trate, Gautam Budh Nagar by which the final report was rejected and the applicants have been summoned to face the trial for the offence punishable under sections 498 -A and 304 -B IPC and section 3/4 D.P. Act and the order dated 19.1.2008 passed by learned Addl. Sessions Judge/FTC -1, Court No. 9, Gautam Budh Nagar in crimi ­nal revision No. 159 of 2007 by which the revision filed by the applicants has been dismissed, may be set aside.

(2.) THE facts in brief of this case are that in the present case FIP has been lodged by O.P. No. 2 Har Pal at P.S. Srrajpur on 14.10.2005 at 5.00 A.M. in cast: crime No. 245 of 2005 under sections 498 -A and 304 -B IPC and section 3/4 D.P. Art in which the applicants and co -accused Mukesh are named as accused. It is alleged that the marriage of the deceased Smt. Munesh was solemnized with co -accused Mukesh on 30.6.2001. The applicants and co -accused Mukesh were not satisfied with the articles given as gift in the marriage, they were demanding the car for which the first informant had shown his inability then the deceased was being subjected to cruelty by the applicants and co -accused Mukesh and many of the times she we beaten and expelled from the house. The first infor ­mant had made an attempt to pursue with applicants and co -accused for not subject ­ing the deceased to cruelty and the de ­ceased was sent to her in laws house. Again she was beaten and expelled. There ­after first informant along with some other persons commanding respect in society had made contact to the applicant Veer Singh and co -accused Mukesh then they were asked by the applicants and co -accused Mukesh that the deceased will not be kept at their house till their demand is not ful ­filled. But after great consultation the de ­ceased was sent to her in -laws house before Raksha Bandhan festival but the deceased was continuously put on harassment then the first informant and his son Rakesh met the deceased at her in -laws house where she disclosed that the applicants had come at his house at the Dashehara, she was beaten by them for bringing the car and she expressed the apprehension to her life from her in -laws. On 13.10.2005 at about 2.00 P.M. Bijendra Singh, the nephew of the first informant Raj Singh and Anil went to meet the deceased at her house where they found dead body of the deceased lying on the bed in a precarious condition, but she disclosed on a quarry that the applicants and co -accused Mukesh had administered the poison forcefully and she would not alive and asked to bring her to the hospital very soon. Thereafter the nephew of the first informant Raj Singh and Anil brought the deceased Navin Hospital, Creator NOIDA from where considering the seri ­ous condition of the deceased she was re ­ferred to Fortis Hospital where she died, thereafter the FIR of this case has been lodged. After preparing the inquest report, the post -mortem examination report of the deceased was conducted on 14.10.2005 at 3.30 P.M. According to the death certificate issued by Fortis Hospital the cause of death was unknown poisoning. According to post -mortem examination report the de ­ceased had sustained three ante -mortem injuries, but cause of death could not be ascertained, hence viscera was preserved. The matter was investigated and I.O. came to the conclusion that applicants and co -accused have not committed the alleged offence and submitted the final report dated 23.1.2006, which was protested by the first informant in the Court of learned C.J.M., Gautam Budh Nagar, considering the facts, circumstances of the case and case diary the final report was rejected and the order of the further investigation by some other competent Investigating Officer was passed on 2.5.2006 but after further inves ­tigation, I.O. again submitted the final re ­port, it was again protested by the first in ­formant, considering the material collected by the I.O. the learned C.J.M., Gautam Budh Nagar rejected the final report and taken the cognizance against the applicants and co -accused Mukesh for the offence punishable under sections 498 -A and 304 -B IPC and 3/4 D.P. Act and they were sum ­moned to face the trial. Against the order dated 23.10.2007 the applicants filed a criminal revision No. 159 of 2007, the same was dismissed on 19.1.2008 by learned Addl. Sessions Judge/FTC -1, Court No. 9, Gautam Budh Nagar. Being aggrieved from the order dated 23.10.2007 passed by learned C.J.M., Gautam Budh Nagar and order dated 19.1.2008 passed by'learned Addl. Sessions Judge/FTC -1, Court No. 9, Gautam Budh Nagar, the present applica ­tion under section 482 Cr.P.C. has been filed.

(3.) IT is contended by learned Counsel for the applicants that;