MAYA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioners submits that the charge-sheet has been filed under Sec. 306, 320 and 34 IPC.

(2.) Learned counsel appearing for the complainant points out that the FIR was registered under Sec. 302 IPC and after the post-mortem report, there is no opinion that the deceased died by drowning. The post-mortem report also does not reflect that the person would have died on account of drowning.

(3.) It is further submitted that the Investigating Officer has wrongfully and without giving any reasons converted the case from Sec. 302 IPC to 306 IPC with a view to help the accused in spite of the fact that bloodstain clothes were found near the well and when the body was recovered there was blood oozing out of the ears. Thus, it is a clear case of murder and not that of suicide.