ATUL GUPTA S/O KARAMCHAND GUPTA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the accused-petitioner as also learned Public Prosecutor appearing for the State.

(2.) This criminal revision petition has been preferred on behalf of the accused-petitioner to challenge the order impugned dated 27.2008 passed by learned Addl. District & Sessions Judge, Fast Track No.1, Ajmer in sessions case no. 59/2008 whereby the charge for the offence under Sec.306 IPC has been framed against the accused-petitioner.

(3.) Brief facts of the case are that on 21.5.2007, a written report was submitted by Sudhir Goyal to Station House Oficer, PSAdarsh Nagar, Ajmer informing him about the death of his sister Anjali who was residing at Adarsh Nagar, Ajmer. It was also stated that after getting the medical examination done, the informant would like to initiate the legal proceedings, if required. Thereafter the complaint was filed in the court of Judicial Magistrate , Ist Class No.4, Ajmer on 29.2008 by Sudhir Goyal. It was stated therein that on 20.5.2007, brother of Sudhir Goyal i.e. Sudesh Gupta received a telephonic call from his nephew Mohak informing him about the death of his mother Anjali. On receiving this information, complainant informed Superintendent of Police, Ajmer about the death of Anjali and rushed to Ajmer. On 21.5.2007, post mortem of the dead body was conducted and proceeding under Sec.174 Cr.P.C was initiated. Repeated requests were made by the complainant side to take legal action against the culprits. As per visra report no.844/17, it was found that the death of Anjali has taken place on account of consumption of some poisonous substance. It was mentioned in the complaint that the deceased Anjali was administered some insecticides which caused her death.