PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Charged with the offences under Sections 498A, 304B and 306 IPC, framed vide order dated 27-8-2009, by the Special Judge (Women Atrocities and Dowry Cases) Jaipur City, Jaipur, the petitioners have challenged the said charge order before this Court.

(2.) In a nutshell, the facts of the case are that on 6-1-1998 the complainant, Phool Chand Gupta filed a complaint before the Judicial Magistrate No. 9, Jaipur City, Jaipur against Pawan Kumar, Gordhan, Ku. Veena, Ku. Kamlesh, and Smt. Munni Devi for the offences under Sections 498A, 406, 306 read with 120B IPC. The learned Magistrate sent the said complaint for investigation to Police Station Gandhi Nagar, Jaipur. After a thorough investigation the police submitted a charge sheet against the present petitioners namely, Pawan Kumar, Ku. Veena, and Smt. Munni Devi, for the offences under Sections 498A, 304B and 306 IPC. It did not file any charge sheet against Gordhan and Ku. Kamlesh. The case was committed to the court of Special Judge (Women Atrocities and Dowry Cases) Jaipur City, Jaipur. Vide order dated 6-6-2000, the learned Judge discharged the petitioners from the offences under Sections 304B and 306 IPC, but framed a charge under Section 498A IPC. Since the case was triable by Magistrate, the case was sent back to the Chief Judicial Magistrate.

(3.) Mr. Kanta Prasad Sharma, the learned Counsel for the petitioner has raised the following contentions: firstly, entire story has been cooked up by the complainant. Therefore, the petitioners are being falsely implicated in the case.