TILAK RAJ Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.) petitioner seeks quashing of order dated 22.07.2015 whereby the learned 2nd Additional Sessions Judge, Jammu has framed the charges against the respondent no.2 to 5 under Sections 306/498-A RPC in challan titled State vs. Sunil Kumar & Ors bearing no:29/Ch. and also prayed for framing of charges against the respondent no. 2 to 5 under Sections 304-B, 306, 498-A RPC.

(2.) The case of the petitioner is that he is the brother of the deceased-Anita Devi and the complainant in the challan titled "State vs. Sunil Kumar & Ors" pending before the learned 2 nd Additional Sessions Judge, Jammu for commission of offence under Sections 306/498-A RPC as the respondent no. 2 to 5 harassed and tortured the deceased for bringing less dowry and further forced & harassed the deceased to bring more dowry which compelled the deceased who was pregnant at the relevant point of time, to end her life along with her minor son by jumping into the river Chenab at Akhnoor. It is stated that the perusal of the challan, statements of the witnesses recorded under section 164-A and 16l Cr. P.C during the investigation it is established that the deceased was subjected to beating by respondent no. 2 to 5 on the intervening night of 27/28April, 2015 for bringing less dowry and was also thrown out of the matrimonial home by respondent no. 2 to 5 which compelled deceased to take such a drastic step. It is further stated that the death of the deceased happened within seven years of the marriage. All these facts clearly establish the charges against respondent Nos.2 to 5 under Sections 304-B/498-A RPC, whereas the police of police station Gharota despite sufficient evidence presented the challan against respondent Nos.2 to 5 only under Sections 306/498-A RPC and not under Sec. 304-B/498-ARPC.

(3.) It is further contended that after the presentation of the challan, the Court below vide order dated 22.07.2015 framed the charges against the respondent Nos.2 to 5 under Sec. 306/498-A RPC instead of 304- B/498-A RPC.