PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HON'ble SHARMA, J. This revision petition has been filed by the petitioner Prahlad, complainant, against the order dated Sept. 15, 2004 of Addl. Sessions Judge (Fast Track) No. 2 Sikar in Sessions Case No. 26 of 2004 whereby trial Court rejected the application under Section 319 Cr. P. C. for taking cognizance against Pannalal @ Panna Ram, Kajodi and Santosh.

(2.) BRIEF facts giving rise to this revision petition are that on the basis of the written report dated March 10, 2004 of the petitioner FIR No. 27 of 2004 was registered with Police Station Losal for commission of offences publishable under Section 498 A, 304 B IPC and Section 4 of the Dowery Prohibition Act against accused persons Panna Ram, wife of Panna Ram, Raju @ Raj Kumar and daughter of Panna Ram. It was alleged in the FIR that the accused named in the FIR have harassed and thereby caused dowery death of bride Sunita. After registering aforesaid report, the police started investigation into the matter and statements of witnesses were record. Mrig FIR No. 1/2004 registered under Section 174 Cr. P. C. with Police Station Losal and its material was also included in the case of crime FIR No. 27 of 2004. After investigation the police filed charge sheet dated May 20, 2004 for the offence under Sections 498 A and 306 IPC in the Court of Judicial Magistrate No. 2 Sikar against accused respondent Raj Kumar only. After filing the charge sheet, the Judicial Magistrate took cognizance of the offence against accused Raj Kumar and committed him to the Court of Sessions Judge Sikar, who transferred case to the Court of Additional Sessions Judge (Fast Track) No. 2 Sikar for trial. On June, 14, 2004 the trial Court heard the parties to the case at the stage of Sections 227 and 228 Cr. P. C. evaluated and weighed the material available on record and formed the opinion that the accused Raj Kumar has subjected the deceased bride to cruelty and harassment for demand of dowery since the marriage dated May 4, 1998 and till soon before her death, he continued such cruelty and harassment. The trial Court opined that due to such cruelty and harassment the bride committed suicide by hanging.