UDAI SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by father-in- law Udai Singh and mother-in-law Smt. Sampat Kanwar W/o Udai Singh against the order dated 11.5.2009, whereby, the learned trial Court discharged the present petitioners from the charge of Sec. 406 I.P.C. but however, charged the present petitioners for the offence under Sec. 498A I.P.C. The petitioner No. 2 Smt. Sampat Kanwar has expired during the pendency of this revision petition and, therefore, qua her the revision petition is dismissed as having become infructuous and, therefore, this revision petition was pressed only qua petitioner No. 1 Udai Singh.

(2.) The brief facts giving rise to present revision petition are like this. Son of the two petitioners, Jitendra Singh, who on the date of incident 10.8.2008 was working as Deputy Superintendent of Police and was married to the deceased Geetika D/o complainant Durga Ram Charan on 21.11.2002. About six years ago is said to have shot dead his wife Geetika and an F.I.R. was lodged at about 9.30 P.M. on 10.8.2008 by the father of the deceased Durga Ram Charan in which he stated that on 10.8.2008 when he alongwith his wife and brother Peeth Dan Charan were visiting the residential house of Jitendra Singh and deceased Geetika at house No. 467 Sector 4, Hiran Magri, Udaipur at about 8.00 P.M. in the evening and their daughter Geetika was supposed to accompany them, the accused Jitendra Singh shot dead their daughter in their presence and when they tried to go to the room which they were there but since the room was closed and when he saw from the window of that room, Jitendra Singh also fired at the complainant father Durga Ram Charan, who somehow escaped and ran out of the house. It may be stated that accused Jitendra Singh being tried for the alleged offence under Sec. 302 I.P.C. in the same trial Court. The complainant also stated that present petitioners father-in-law and mother-in-law of the deceased Geetika were also harassing her for demand of dowry right from the time of their marriage in the year 2002 and despite their request to these petitioners to come and live with their daughter and son-in-law Jitendra at Udaipur, they did not come there and that is why on account of dispute between the husband and wife the accused Jitendra Singh killed their daughter. Upon the said F.I.R. the police investigated the said offence and after recording statements of the complainant Durga Ram Charan, his wife Smt. Nirmala and brother Peeth Dan Charan and on further investigation, a charge-sheet was filed and the case was committed for trial where charges were framed against the accused Jitendra Singh as aforesaid under Sec. 302 I.P.C. and other provisions of Indian Penal Code and against present petitioners, one of whom has expired, under Sec. 498A I.P.C.

(3.) The present revision petition was filed by these two petitioners in this Court on 15.5.2009 against the impugned order dated 11.5.2009 passed by the learned trial Court framing charged against the accused petitioners.