LAWS(RAJ)-2012-2-56

VIJAY KUMAR RASTOGI Vs. STATE OF RAJASTHAN

Decided On February 23, 2012
VIJAY KUMAR RASTOGI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Both the revision petitions, one filed by the complainant, Vijay Kumar, and the other filed by the State of Rajasthan, challenge the order dated 06.01.2011 passed by the Additional Sessions Judge, Gulabpura, District Bhilwara whereby the learned Judge has discharged Smt. Nisha and Dilip Kumar Morwani of offence under Section 306 IPC. Since both these petitions arise out of the same impugned order, they are being decided by this common judgment.

(2.) The brief facts of the case are that on 19.10.2010, Vijay Kumar Rastogi, the complainant, lodged a report at Police Station, Gulabpura wherein he claimed that due to the repeated threats given by his wife, Smt. Nisha, and by her father, Dilip Kumar Morwani, that they would involve his family in matrimonial disputes, his father, Ashok Kumar, committed suicide. After a thorough investigation, the police submitted a charge-sheet against Smt. Nisha and Dilip Kumar Morwani, respondent Nos. 2 & 3, respectively for offence under Section 306 IPC.

(3.) However, after hearing both the sides, vide order dated 06.01.2011, the learned Judge discharged Smt. Nisha and Dilip Kumar Morwani, for the aforementioned offence. Hence, these petitions before this court.