MAYURESH SAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by order dated 03.04.2018 passed by Additional Sessions Judge, (Women Atrocities Cases), Ajmer, whereby Court has taken cognizance against the petitioner for offence under Section 306 IPC and has framed charges against the petitioner.

(2.) It is contended by counsel for the petitioner that the deceased committed suicide on 25.11.2016, F.I.R. was lodged by brother of the deceased on 26.11.2016. In the F.I.R., it was mentioned that brother-in-law has misbehaved with the deceased, as a result of which she committed suicide. It is also contended that police after due investigation submitted negative final report. The matter was thereafter, reopened and the new Investigating Officer took a transcript on record which was a recording between husband of the deceased, father of the deceased and mother of the deceased. It is contended that from the transcript, police has concluded that petitioner has misbehaved with the deceased, as a result of which she committed suicide.

(3.) It is argued that no fresh material was collected by the Investigating Officer. All the witnesses including father, mother and brother of the deceased have stated that a day prior to her demise, she was sounding happy and did not complain about anything. It is also contended that there is no suicide note or any other evidence to come to the conclusion that petitioner is involved in the offence under Section 306 IPC.