RAMKARAN Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This Revision Petition under section 397 read with section 401 of Cr.P.C has been filed against the order dated 30.9.2009 passed by the Addl. Sessions Judge, (Fast Track), Chomu, Jaipur in Sessions Case No.9/2008, whereby the application filed under section 319 Cr.P.C has been rejected.

(2.) The short facts of the case are that the present petitioner lodged an FIR against the husband, father in law, mother in law and brother in law of her daughter which was registered as 174/2007 at Police Station Harmada for the offence under section 498A and 304B IPC. After investigation, the police has filed chargesheet only against Ramswaroop husband of the deceased for the offence under section 306 IPC whereas the involvement of other accused was also there the present petitioner moved an application under section 319 Cr.P.C for adding the persons as accused which was rejected. Hence, this revision petition.

(3.) The contention of the present petitioner is that the court below has relied on challan papers whereas being settled position of law that investigation papers are not relevant for deciding the application under section 319 Cr.P.C and further testimony of witnesses PW-2 Laxmi, PW-3 Lalaram PW-6 Ramlal and PW-23 Ramkaran have not been appreciated by the court below. There was ample evidence on record against the accused which shows their involvement hence impugned order be set aside, cognizance be taken against respondent nos. 2 to 4.