SHARWAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) These Revision Petitions have been preferred by the respective petitioners challenging the order dated 29.7.2008 passed by learned Additional Sessions Judge (FT), Nagaur in Sessions Case No.22/2008 whereby charges have been framed against the petitioners for the offences under Sections 306, 120B and 323 IPC.

(3.) Succinctly stated the facts necessary for disposal of the case are that one Bhinya Ram submitted a report on2 11.11.2007 at P.S. Nagaur with the allegation that he came to know through a telephonic intimation that his son Poonam Chand had committed suicide by hanging himself. He further states that his son along with his wife Bhanwari live in their own house and he lives in neighbouring house and he had gone out on the day of occurrence. On coming back, his nephew Laxman informed him that Manish and Deepak, sons of the deceased, had informed him about the door of their father's room being locked from inside. On this, Laxman went to the house and managed to have the door opened on which it was seen that Poonam Chand was hanging from a noose. A suspicion was expressed on Bhanwari w/o Poonam Chand and Shrawan Jat about the death of Poonam Chand. The police was informed and on enquiry by the police, Bhinya Ram revealed that Poonam Chand had committed suicide because of the illicit relations between Bhanwari and Shrawan. On this information, inquest proceedings under Section 174 Cr.P.C. were initiated. Thereafter, Hansraj, brother of the deceased, filed a complaint in the Court of C.J.M., Nagaur against Shrawan, Laxman, Shiv Kumar and Bhanwari regarding them having murdered the deceased and for various other offences as well. The complaint was forwarded to the Police Station Nagaur under Section 156(3) Cr.P.C. where FIR No.495/2007 was registered for the offences under Sections3 323, 347, 302, 460, 201 and 120B IPC. Subsequent to the investigation, the police proceeded to file charge-sheet in the matter for offences under Sections 306, 120B and 323 IPC. The case was committed to the Court of Sessions Judge wherefrom, it was transferred to the Court of Additional Sessions Judge (FT), Nagaur. The accused contested the proposed charges and submitted that ex-facie allegations of the prosecution even if they were accepted to be true at its highest, then also, there was no material on the record of the case to show that the petitioners herein were responsible for commission of suicide by the deceased or that they had instigated the deceased to commit suicide. The learned trial judge, however, proceeded to frame charges against the petitioners as aforesaid by the impugned order. Hence, being aggrieved by the impugned order, the petitioners have approached this Court by filing the present revision petition.