RAJBALA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner Smt. Rajbala being aggrieved of the order dated 10.8.2015 passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No. 13/2015 framing charge against her for the offence under Sec. 306 IPC.

(2.) Facts in brief are that the petitioner was married to the deceased Pawan Prakash in the year 2009. A female child was born from the wedlock. Pawan's family owned significant chunks of agricultural land and other property. The prosecution has set up a case that after the marriage, the petitioner, her parents and brother started instigating and pressurizing Pawan to claim separation from his brothers and to get the family property partitioned. Pawan was enrolled as an Advocate and was practicing law. When Smt. Kalawati the mother of Pawan came to know of this evil design of the accused, she advised the petitioner not to indulge in the attempts to split the family and that she should continue to live as a part and parcel of the joint family. It is further alleged that the accused pressurized and traumatized Pawan to such extent that he stopped going to the courts. The petitioner used to frequently go away to her father's house at Chaharwala. Whenever Pawan went to bring her back, he was abused and pressurized that he should transfer his property to the name of Rajbala and was continuously tortured on this account. Smt. Kalawati got convened a Panchayat at the house of the accused at Chaharwala but they persisted with their demand and insisted that Rajbala would be sent to live with Pawan at Chanan only if the land belonging to Pawan was transferred to her name. The petitioner became pregnant and thereafter, went to her father's house and refused to return to live with Pawan and persisted with the demand that she would come back only after he transferred his property to her name. After great efforts, she was somehow brought to the matrimonial home but continued to quarrel with Pawan. On 7.3.2011 she again quarreled with Pawan and leaving him in a despondent state, went away with her brother saying that she was returning to her father's house. Pawan was deeply hurt by this attitude of his wife and went away saying that he was going to Bhadra Bus Stand but did not return till late in the night. A search was started on 8.3.2011. Belt, Shoes, Socks and other personal belongings of Pawan were seen lying near a water tank in the agricultural field of the complainant. It was suspected that Pawan had drowned himself. The dead body was taken out from the tank and Police was informed. The petitioner was also informed. The dead body was subjected to post mortem, which resulted into a finding that the cause of death of Pawan was drowning. On 5.4.2011 when the search of Pawan's room was undertaken, a suicide note written by him was found wherein it was scribed: - -

(3.) The complainant and her husband went to the Police Station for reporting the matter but the Police Officers refused to accept the report, whereupon a complaint was filed in the court of the learned ACJM, Bhadra for the offences under Ss. 306 and 109 IPC against the petitioner Smt. Rajbala, her parents and her brother Vijay Singh. The complaint was forwarded to the Police for investigation under Sec. 156(3) Cr.P.C. where FIR No. 238/2011 was registered for the offences under Ss. 306 and 109 IPC and investigation commenced. During investigation, the Police got the suicide note compared through the handwriting expert from where a report was received to the effect that the suicide note had been scribed by Pawan. Extensive investigation was conducted and the Investigating Officer finally concluded that the petitioner persistently pressurized the deceased for transferring his property to her name and on failure to do so, she used to leave the deceased and went away to her matrimonial home frequently She also threatened the deceased with dire consequences if the property was not transferred to her name. On 7.3.2011 the petitioner quarreled with the deceased Pawan Kumar and persisted with her demand to transfer the land to her name and when he did not agree to the said suggestion, she left the matrimonial home and went away to her father's house after threatening him. The deceased thereupon became highly perturbed and ended his life by drowning in the water tank. Documents of the proceedings instituted by the petitioner in her endeavour to get the property of Pawan Kumar transferred to her name soon after his death and her application for getting a succession certificate were also collected by the Investigating Officer. After completing investigation, a charge -sheet was filed against the petitioner for the offence under Sec. 306 IPC. The trial Judge, by order dated 10.8.2015 proceeded to frame charge against the petitioner for the said offence. Being aggrieved, the petitioner has approached this Court by way of this revision.