VAGATA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision under S. 397, Cr. P. C. against the order of Additional Chief Judicial Magistrate, Bhinmal, Distt. Jalore dated 22-10-96 by which he ordered to frame charges under S. 498-A and 323, I. P. C. and read over and explained to the petitioners.

(2.) I have heard the learned counsel for the petitioners as well as learned Public Prosecutor at length.

(3.) The brief facts are that Sona Ram filed a FIR at police station Jaswantpura stating therein that his daughter Antri was married to Harchand five years ago. She did not bear any child, therefore, her father-in-law Samartha, mother-in-law Santok and husband Harchand regularly gave beatings to her. They used to assault her and when the cruelty continued, a panchayat was called and compromise was arrived at between both the parties. On 1-5-96 at about 1 p.m., Samartha, Santok, Harchand, Gawara, Chhagana and Vagata gave severe beatings with lathies to Smt. Antri. The result was that she started bleeding. It was also alleged that this information was given to the complainant by Tejram. He also received information that the in-laws of Antri poured kerosene oil on her and tried to burn her but Tejram and some other persons rescued her. A case under Section 498-A and 323, I. P. C. was registered against six persons. After usual investigation, police filed challan against all the six persons and the learned Magistrate by his order dated 22-10-96 framed charges against the petitioners.