GIANI RAM Vs. TARUN DAHIYA AND ORS

JUDGEMENT

(1.) The present revision petition has been filed against order dated 17.9.2009 passed by Sessions Judge, Rohtak vide which an application under Section 216 Cr.P.C. moved on behalf of the prosecution to add charge under Section 302 read with Section 34 IPC has been dismissed.

(2.) Briefly, the facts of the case are that deceased Asha was married with accused Tarun Dahiya in the year 2007 and a daughter was born out of the said wedlock. As per case of the prosecution, accused Tarun (husband) Durga Dass and Mahenderwati (parents-in-law) and Renu (married sister-in-law) used to maltreat, harass and beat Asha with cruelty for or in connection with demand of dowry and they were also doubting her character. Although the matter was settled on many occasions but they continued treating her with cruelty. The father of the deceased was stated to have managed a separate rental accommodation for Asha and her husband at Rohtak. On 16.1.2008, Tarun, the husband of the deceased, telephonically informed Giani Ram, the father of the deceased that Asha had committed suicide by hanging. On receipt of information, the complainant Giani Ram and other persons went to the house of accused and on inquiry, it revealed to them that either Asha was hanged after killing by all the accused or she had committed suicide being fed up with cruel behaviour of the accused.

(3.) On the basis of complaint made by father of the deceased, FIR No. 11 dated 16.1.2008 was registered against Tarun Kumar (husband) Durga Das and Mahenderwati (parents-in-law) and Renu (sister-in-law) for offence punishable under Section 304B IPC at Police Station Urban Estate, Rohtak.