PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioner has filed this Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. against the order dated 27.5.2014 passed by the Additional Sessions Judge, Karauli in Sessions Case No.58/2012 whereby the learned trial Court allowed the application under Section 216 Cr.P.C. filed by the respondent-complainant and ordered to frame additional charge against the petitioner for offence under Section 302 IPC.

(2.) Brief relevant facts for the disposal of this petition are that FIR No.339/2011 came to be registered against the petitioner and his other family members on 2.12.2011 at Police Station Sapotara (District Karauli) for the offences under Sections 498-A and 304-B IPC on the basis of a written report lodged by the respondent-complainant, father of the deceased wife of the petitioner and after investigation charge-sheet was filed against the petitioner only for the aforesaid offences. Charge was framed against the petitioner for the aforesaid offences and for offence under Section 4 of the Dowry Prohibition Act by the learned trial Court vide order dated 30.4.2012. During the course of trial statements of as many as thirteen prosecution witnesses were recorded and at this stage the aforesaid application under Section 216 Cr.P.C. came to be filed on behalf of the respondent and the learned trial Court after hearing both the parties by way of impugned order allowed the same as already stated. Feeling aggrieved, the petitioner is before this Court by way of this criminal revision petition.

(3.) In support of the petition, learned counsel for the petitioner submitted as below:-