PAPPURAM S/O LATE MANGILAL, AGED ABOUT 41 YEARS, DUDIYON KI DHANI, VILLAGE GUDA VISHNOIYAN, POLICE STATION KUDI BHAGTASANI, JODHPUR. (AT PRESENT LODGED IN CENTRAL JAIL, JODHPUR) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner being aggrieved with the order dated 01.08.2016 passed by the Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Sessions Case No.18/2014, whereby the application preferred on behalf of the petitioner under Sec. 54 read with Sec. 173(8) Crimial P.C. and Art. 21 of the Constitution of India has been dismissed. In the said application, the petitioner has prayed that the prosecution be directed to conduct Narco Analysis Test, Brain Mapping Test and Polygraph Test upon him from the Forensic Directorate, Gujarat State.

(2.) Brief facts of the case are that on 212013, on the basis of the statement of Parmeshwari Devi wife of the petitioner, the FIR No.347/2013 was registered at Police Station, Kudi Bhagtasani, District Jodhpur against the petitioner and six other persons for the offences punishable under Sections 143, 307, 498-A and 324 IPC. After registration of above mentioned FIR, the police started investigation and during the course of investigation, Parmeshwari Devi died. The police, after thorough investigation, filed charge-sheet against the petitioner for the offences punishable under Sections 324, 307, 498-A and 302 IPC, however, the investigation against other co-accused persons has been kept pending under Sec. 173(8) Cr.P.C.

(3.) The allegations against the petitioner is to the effect that he poured kerosene on his wife and thereafter enkindled the fire and on account of that she received severe burn injuries. Thereafter, she was got admitted to the hospitals first at Jodhpur and thereafter in a private hospital at Ahmedabad, where she died on 27.12.201 Then the police has added commission of offence punishable under Sec. 302 Penal Code and thereafter filed charge-sheet against the petitioner for the offences punishable under Sections 324, 307, 498-A and 302 IPC.