NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal revision petition under Section 397/401 of the Code of Criminal Procedure is preferred by the petitioner challenging the order dated 10.12.2009 passed by the Additional District & Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur in Sessions Case No. 44/2001, by which charge under Section 304B IPC has been framed against the accused-petitioner.

(2.) BRIEF facts of the case are that on 19.08.1991 a report came to be lodged by Shri Ram Kumar Aswani and Shri Naresh Kumar Aswani to S.P., Jaipur City, Jaipur, wherein it was, alleged that on 10.08.1991 the complainant's sister who was married to the accused-petitioner, was found dead hanging to the ceiling fan in her matrimonial house in suspicious circumstances and it seems that she has been killed. On the basis of the said report, the police registered a case under Section 306 IPC and started investigation.

(3.) THE impugned order has further been challenged on the ground that the trial Court totally failed to consider the ingredients of the FIR and the statement recorded under Section 161 Cr.P.C. of the deceased as in the whole statement including the statements of neighbors to the house of the accused- petitioner and deceased, friends and relatives, not a single witness stated that the accused-petitioner committed any cruelty with the deceased in connection with demand of dowry, which makes it amply clear that when the basic ingredient of Section 304B IPC is missing in the present case that is to say that "cruelty in connection to demand of dowry" is missing, no case can be said to be made out against the accused-petitioner under Section 304B IPC.