JAGDISH NARAYAN BHARDWAJ Vs. STATE OF M P

JUDGEMENT

(1.) This Revision petition has been preferred by the petitioner herein/accused under Sections 397 & 401 of Cr.P.C. being aggrieved by the impugned order dated 02.09.2009 passed by Sessions Judge, Bhind in Sessions Trial No.147/2008 whereby, the application preferred by the prosecution under Section 319 of Cr.P.C. has been allowed and directed that the petitioner be added as an accused person in the trial.

(2.) It is apparent from the record that Anita (since deceased) was married with Manoj, who is son of the present petitioner on 25.04.2007, according to Hindu rites. The deceased was subjected to cruelty and harassment for non-fulfillment of demand of dowry by her husband and other relatives of her husband. Ultimately, she died on 13.11.2007 in her in-laws house by burn injuries. On the basis of information regarding the death of the deceased received from Ram Prakash Joshi, father of the deceased, Merg No.52/2007 was registered on 13.11.2007 by the Police, City Kotwali, Bhind and conducted inquiry into the matter. After due inquiry, offence under Sections 304-B & 498-A read with 34 of IPC was registered on 18.11.2007 by C.B.S. Raghuvanshi, Town Inspector against the husband of the deceased and other family members of her husband including the present petitioner. After completing the investigation of the case, the Investigating Officer filed challan against the accused Manoj, Govind, Madhu and Amit but excluded the names of the petitioner/Jagdish and his wife, Smt. Geeta. During the trial, an application under Section 319 of Cr.P.C. was filed by the prosecution before the learned Sessions Judge. Learned Sessions Judge after arriving at a conclusion that prima-facie the petitioner, Jagdish and Smt. Geeta have also participated in the commission of crime, took the cognizance against them and directed that they be summoned through warrant of arrest as co-accused in the case, therefore, present revision petition has been filed by the petitioner.

(3.) It is apposite to mention here that Jagdish and his wife, Smt. Geeta both have jointly preferred this revision but during pendency of this revision, Smt. Geeta had died, therefore, her name has been deleted from the array of revision.