SHRI HITESH SHARMA, S/O SHRI HEERA LAL SHARMA, AGED ABOUT 25 YEARS, CASTE BRAHMIN, RESIDENT OF HOUSE NO.226, GURUNANAKPURA, ADARSH NAGAR, JAIPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The revision petition has arisen out of order dated 31.3.2016 passed by Additional Sessions Judge, Women Atrocities Act Cases No.1, Jaipur Metropolitan, Jaipur whereby learned trial court has directed to frame charges against the petitioner under Sec. 498-A, 304-B in alternate Sec. 302, 306 and 406 IPC.

(2.) Learned counsel submits that immediately after death of the victim Rashmi Sharma, an inquest report was prepared under Sec. 174 Cr.P.C by police and proceedings were initiated by Sub-Divisional Magistrate. In the statement given before Sub-Divisional Magistrate, neither mother Munni Devi nor brother Jitendra Singh of the deceased has stated anything inculpatory against the petitioner, rather they have stated that the deceased was kept and carried well by her in-laws. After eight days of the death i.e. 31.4.2015, a complaint was received by SHO Police Station, Adarsh Nagar under Sec. 156(3) Crimial P.C. from concern Magistrate whereupon the instant FIR was registered. The complaint was filed by father of the deceased Anand Sharma. The complaint contains utterly contrary factual matrix which is apparently result of concoction and fabrication.

(3.) Learned counsel further submits that prior to death, the deceased Rashmi had left a suicide note which was traced out by petitioner at the time of customary purification of house and households after the death. He submitted the same to the investigating officer. As per this suicide note she stated that she is committing suicide on his own volition and nobody is responsible for it She is annoyed with herself and she committed suicide. As per FSL report this suicide note has been found to be genuine.