VISHNU GOPAL VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE complainant petitioner, namely, Vishnu Gopal lodged a written report on 4. 3. 1991 at Police Station, Sodala, Jaipur about the death of his daughter Smt. Renu and her child aged 2 years. Having registered a case vide FIR No. 117/91 for offence under Sections 304-B and 498-A IPC, the police investigated in the matter and on completion thereof, submitted a charge sheet against accused respondent Rama Kant Pareek, thereby alleging offence under Section 498-A IPC.

(3.) IN assailing the impugned orders, the main thrust of the argument of Mr. S. K. Gupta, appearing for the petitioner is that maticulous examination of evidence and critical evaluation thereof by both the courts below at the stage of deciding the application filed under Sections 319 and 323 Cr. P. C. is not permissible and hence the courts below have committed grave error in dismissing the petitioner's application. According to him, otherwise also, from the evidence and material available on record it is clearly made out that the accused other than the present accused respondent are also involved in the commission of crime and that the present case is exclusively triable by the court of Sessions in view of Section 304 B and 306 IPC.