INDRA Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) In continuation of FIR No. 213/2011, lodged at Mahila Police Station, Bikaner a charge-sheet was filed against the accused-persons (1) Shiv Sagar s/o Surya Narayan,(2) Mst. Lakhpati Devi w/o Shiv Sagar and (3) Suman Sagar s/o Shiv Sagar under Sections 302 and 498A IPC etc. in the trial court and after hearing arguments on the charge, the learned Addl. Sessions Judge No.3,Bikaner in Sessions Case No.16/2012 by order dated 13.12.2012 also thought it fit to frame charges against all the three accused-persons named above under Section 302 and 498A IPC read with Section 120-B IPC only and not under Section 304B IPC.

(2.) Now, this revision petition has been filed by complainant Smt. Indra w/o Chandra Bali,who is mother of deceased Smt. Eshwarya for framing of charge under Section 304B IPC also additionally against all the three accused persons. She relies upon the statement of her daughter Eshwarya(now deceased) which are as follows:-

(3.) Looking to the above statement of deceased, a charge under Section 304B IPC also could have conveniently and wisely been framed against the accused persons in this case but the learned lower court has perhaps given importance only to the dying declaration of deceased Eshwarya because in dying declaration she has not narrated any thing about demand of dowry.