RAJBIR ALIAS RAJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 31.03.2015 passed by learned Additional Sessions Judge, Jind, whereby the application filed by the present petitioner under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for recalling PW1 Karambir has been dismissed.

(2.) ON the statement of PW1 Karambir, the brother of deceased Birmati who was the wife of present petitioner, the present case has been registered under Sections 328/302/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), on the allegations that the present petitioner and his family members used to harass Smt. Birmati, the sister of the complainant for the demand of dowry. In this regard, a dowry case was also registered against them but the matter was compromised. It is alleged that on 07.05.2013, the petitioner and his family members forcibly administered poison to the deceased. On receiving the information, complainant reached to Dalamwala Hospital at Jind, where his sister was alive at that time and narrated the incident to them. Thereafter, she died.

(3.) ON completion of the investigation, the prosecution was launched against the petitioner for the offence punishable under Section 306 IPC.