JETHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the present criminal misc. petition, the petitioner has prayed for following relief-:

(2.) Briefly stated, facts of the case are that respondent No.2-Dedaram lodged an FIR No.39/2023, registered at Police Station Bajju, District Bikaner alleging inter-alia that the marriage of his daughter- Basanti Devi was solemnized with one Nakhtaram S/o Mangilal about 9 years ago. Soon after the marriage, the present petitioner along with the co-accused persons started harassing his daughter in connection with dowry demand. In the FIR, it was further alleged that on 14/10/2023 at about 10:00 PM., his daughter was brutally murdered by her husband Nakhtaram, Jetharam i.e. present petitioner and Smt. Mohini Devi (mother-in-law). The accused persons after murdering the deceased- Basanti Devi had thrown her body in a Tanka (well) with an intention to destroy the evidence.

(3.) Learned counsel for the petitioner submitted that after lodging of the FIR, the Investigating Agency conducted a thorough investigation in the matter and has found offences under Sec. 498-A, 306 and 34 of IPC proved to be true against Nakhtaram and Mohini Devi only. The charge-sheet against Nakhtaram and Mohini Devi has already been filed before the competent criminal court. Learned counsel for the petitioner submitted that the present petitioner is an elder brother of Nakhtaram and he has not played any role in commission of the alleged crime. Therefore, offences were rightly not found to be proved against the present petitioner. Learned counsel for the petitioner contended that after filing of the charge-sheet against Nakhtaram and Smt. Mohini Devi, the Investigating Agency has started harassing the petitioner. Though admittedly, as per the investigation conducted in the present case, there is no direct or circumstantial evidence available on record indicating his involvement in commission of the alleged crime.