GANGA SWAROOP Vs. STATE OF RAJ. AND ORS.

JUDGEMENT

(1.) Instant Misc. Petition No. 700/1998 has been instituted for recalling the order dated Jan. 15, 1998 passed by this court. Looking to the fact that earlier order was not passed on merits, I allow the petition and the order dated Jan. 15,1998 is recalled.

(2.) In Criminal Revision No. 411/97 the complainant petitioner has called in question the order dated Oct. 16, 1997 of the learned Special Judge (Women Attrocities Cases) Kota (for short the trial court) whereby charges under sections 306 and 498A Penal Code were framed against the accused non-petitioners and they were exonerated from the offence under section 304 B IPC.

(3.) Brief resume' of the facts is that one Brij Mohan, next door neighbour of deceased Meena after finding her in flames of fire around 11.00 a.m. lodged a written report with the Police Station Nayapura Kota on May 19, 1997. Lateron a detailed information was furnished to the police on May 21, 1997 by the petitioner, the real brother of deceased Meena. She was married to non-petitioner Dinesh Kumar on June 2, 1996. Dinesh and Meena were residing in the house along with non-petitioner Radha (Jethani of Meena), Radha's husband most of the time remained out in connection with his service in Army. During the course of investigation the Investigating Officer arrested Non- petitioner Dinesh Kumar and Radha and charge sheet under Sections 304 B, 306 and 498 A Penal Code was filed against them. Learned trial court framed charges under Sec. 228 Crimial P.C. as indicated herein above.