SURESH MAHANDIRATTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition of the complainant under Section 397 read with Section 401, IPC (sic. Cr.P.C.) is directed against the order dated 9.5.2007 passed by Additional Sessions Judge (Fast Track) No. 1, Alwar in Sessions Case No. 34/2007 whereby the application filed by the complainant petitioner to frame charge under Section 304B, IPC has been dismissed and the accused respondent Ramesh Chand has been discharged of the offence under Section 304B, IPC.

(2.) BRIEF facts giving rise to this criminal revision petition are that the complainant petitioner submitted a report before SHO, Manila Thana, Alwar at the General Hospital, Alwar at 3.15 p.m. on 14.12.2006 wherein it was stated that the marriage of his daughter Reena was solemnized with the accused respondent Ramesh Chand on 17.2.2005. After the marriage Reena was subjected to harassment in connection with demand of dowry and on 14.12.2006 the accused respondent after pouring kerosene on Reena set her on fire. On the basis of this report a case (FIR No. 101/06) was registered under Sections 498A and 307, IPC by Mahila Thana, Alwar. Reena died at 1.45 p.m. on 19.12.2006. After necessary investigation the police submitted a charge -sheet against the accused respondent tinder Sections 498A, 306, IPC before Judicial Magistrate, First Class No. 4, Alwar who committed the case to the Sessions Court, Alwar from where the case was transferred to Additional Sessions Judge (Fast Track) No. 1, Alwar. Additional Sessions Judge (Fast Track) No. 1, Alwar framed charges against the accused respondent under Sections 498A, 306, IPC. Thereafter the police submitted a supplementary charge -sheet against the accused respondent under Sections 498A, 306B, IPC and this charge -sheet was also sent to the Trial Court. The complainant then filed an application in the Trial Court with the prayer that charge under Section 304B, IPC be framed against the accused respondent. Learned Trial Court by the impugned order dismissed the above application of the complainant petitioner and discharged the accused respondent from the offence under Section 304B, IPC. Aggrieved by this order the complainant petitioner has filed this revision petition.

(3.) DYING declaration of Reena was recorded on 14.12.2006 by Judicial Magistrate Fast Class No. 3, Alwar which runs as under: (Hindi matter omitted)