RAJ KUMAR BRAHMIN SON OF SHRI BANWARI LAL AGED ABOUT 32 YEARS B/C BRAHMIN R/O OLD POST OFFICE, LAXMANGARH DISTRICT SIKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision has arisen out of order dated 23.06.2016, passed by learned Additional District & Sessions Judge No. 4, Sikar in Sessions Case No.05/2016, pertaining to FIR No. 329/2015, Police Station Laxmangarh, District Sikar, whereby learned trial court after hearing both the parties has directed to frame charges of offence under Sections 498A & 306 I.P.C against the petitioners.

(2.) Brief facts of the case necessary to decide the present matter, are that on 15.11.2015 Sharda died an unnatural death whereupon proceeding under Sections 174 Cr. P.C. was initiated. On 19.11.2015, Shri Ishwar Ram father of deceased Sharda submitted a written complaint against the present petitioners alleging inter alia that Sharda was married with Raj Kumar, son of the other petitioner Banwari Lal on 13.02.2005. After marriage they started harassing her for the demand of dowry. Ultimately, the petitioners killed Sharda. On this complaint FIR No. 329/2015 was registered at Police Station Laxmangarh. After due investigation, police filled a charge-sheet against the petitioners for offences under Sections 498A & 306 IPC.

(3.) Learned counsel for the petitioners has taken me through statements of Raj Kumar, Bhanwari Devi, Dhanni Devi, Chaggan Lal and Nathmal recorded by police under Sec. 161 Crimial P.C. and submitted that independent witnesses have not provided any iota of evidence in support of the prosecution. FIR has been registered after delay of four days. Proceedings under Sec. 174 Crimial P.C. were initiated by police on information by the petitioners. There is no evidence that just immediate prior to committing suicide, Sharda was subjected to harassment or cruelty, as a result she committed suicide. In such situation, the petitioners deserve discharge.