SHANTI DEVI Vs. STARE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure. 1973 is directed against the impugned under dated 13/2/2003 passed by the Additional Sessions Judge (Fast Track). Jodhpur (for short the trial Court), whereby the trial Court framed charges against the petitioners for the offences under Sections 498-A and 304-B of the Indian Penal Code.

(2.) The facts and circumstances giving rise to this revision in succinct are that on 18/9/2002. Smt. Mamta Soni was found lying unconscious in train No. 200Down in Jaipur Bikaner Coach. She was taken to the Government Hospital, Nagaur, where she died during treatment. During inquiry under Section 174, Cr.P.C. a copy containing suicidal note in four/five pages written by the deceased Smt. Mamta was found in the bag of deceased Smt. Mamta, was recovered wherein she had mentioned that she was being harassed by her in laws for dowry and was subjected to manhandling off and on. After investigation the Railway Police filed the challan against the petitioners for the offences under Sections 498-A and 304B. IPC. offences being triable by Court of Sessions and therefore case was committed to the learned Sessions Judge Jodhpur who further transferred it to the trial court (or trial. The learned trial Court after consideration of material on record and upon hearing framed charges against the accused/petitioners as noticed above. Hence this revision petition.

(3.) I have heard learned counsel for the petitioners and the learned Public Prosecutor for the State and also gone through the order impugned.