LAWS(RAJ)-2002-12-2

LALA RAM Vs. STATE OF RAJASTHAN

Decided On December 04, 2002
LALA RAM Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This revision has been filed for quashing the order dated 21-12-2001, by which the learned trial Court has framed charges against the applicant for the offences punishable under Sections 304-B/306 read with Section 498-A of the Indian Penal Code (for short, "IPC").

(2.) The facts and circumstances giving rise to this case are that on 7-9-95, applicant Lala Ram lodged an FIR in the Police Station that his wife Smt. Dushyant Kaur had committed suicide by hanging herself. The matter was investigated and the Sub-Divisional Magistrate, Barmer, also, conducted an inquiry of the unnatural death and a case was registered against the applicant. The Judicial Magistrate. Barmer, vide order dated 9-1-98, took cognizance of the offences punishable under Sections 498-A and 306, IPC against the applicant, considering the evidence on record and observing that prima facie there was evidence against him. Now, charges have been framed against the applicant vide impugned order, as mentioned above. Hence this revision petitioner.

(3.) Mr. Acharya, learned counsel for the applicant has placed great reliance upon the letters written by the deceased few days before her demise and recovered by the investigating officer during investigation and submitted that the trial Court and referred to one of the letters, but there is no iota of evidence against the applicant even in those letters and none of them is in her handwriting.