GUDDI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners Guddi, w/o Mahendra Singh and Silo @ Silochna d/o Mahendra Singh b/c Khati r/o village Pacharwali , District Hanumangarh have filed this revision petition under section 397/401 Crimial P.C. against the order of the learned Addl. Sessions Judge, Bhadra, District Hanumangarh, in Sessions Case No.28/2009.

(2.) The brief facts of the case, for the disposal of this revision petition , are that complainant Bhomraj lodged a FIR against co-accused Sita Ram and the present petitioners for offences punishable under section 498-A and 304 -B IPC. After investigation, police filed challan against Sita Ram and filed negative report qua the present petitioners, for the reason that during the course of investigation, no incriminating evidence came against the petitioners.

(3.) Cognizance was taken against co-accused Sita Ram and charges for offence under section 304-B and 498-A Penal Code was also framed. Thereafter the trial commenced. The prosecution examined as many as nine witnesses in support of its case. In the statement recorded under section 161 Crimial P.C. no incriminating evidence came against the petitioners and negative report was filed against the petitioners by the police. When statements of PW/8 Bhomraj and PW/9 Manju Rani were recorded the allegation against the petitioners was levelled . The complainant filed an application under section 319 Crimial P.C. before the learned trial court stating that since in the statements of PW/8 Bhomraj and PW/9 Manju Rani allegations of demand of dowry and cruelty have been levelled and for that reason Saroj committed suicide, therefore, cognizance may also be taken against them for offences punishable under section 304-B and 498-A IPC. On the aforesaid application, the Learned trial court took cognizance for offences punishable under sections 498-A and 304-B Penal Code and issued non-bailable warrant. Against this, the petitioners preferred a revision petition before this Court and the same was disposed of with the direction to convert the non-bailable warrant to bailable warrant. Vide order dated 22.11.2010 the learned trial court framed charges against the petitioners for offences punishable under section 498-A and 304 -B IPC. Being aggrieved by the said order of learned Addl. Sessions Judge , Bhadra, District Hanumangarh , in Sessions Case No.28/2009. the petitioners have preferred this revision petition.