BAGH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the complainant petitioner against the order dated 1.8.2008 passed by the learned Additional District and Sessions Judge (Fast Track), Jalore, Camp Bhinmal passed in Sessions Case No. 80/2007 (41/2007) by which the learned Sessions Judge has dismissed the application filed by the petitioner under Section 319 Cr.P.C.

(2.) The brief facts of the case are that a case has been registered on the complaint made by the petitioner on 3.11.2007 at Police Station Karda, District Jalore stating inter alia that his sister Desh Kanwar (deceased) married to respondent No. 2. Deep Singh near about 20- 22 years back, as per Hindu rituals. He has further stated in the report that after two years of marriage, she was harassed and maltreated on account of insufficient dowry and due to that for near about 10- 12 years, his sister remained with him. After that, due to intervention of the local elderly people, she was again shifted to her in-laws' house. But still, she was harassed and ill treated by her husband, her mother-in-law and the second wife of her husband. It is alleged that during this period, her husband contracted second marriage also. It is also alleged in the report that thereafter, she committed suicide by pouring kerosene on herself and setting fire. On the basis of this report, a case under Sections 498A and 306 I.P.C. was registered and investigation started. After investigation, police filed challaned only against Deep Singh. The case was committed to the Court of Sessions, from where the case was transferred to the Court of concerned Addl.District and Sessions Judge (Fast Track), where charges were framed, accused denied the charges and claimed trial.

(3.) It further revealed that from the side of prosecution, statement of 11 witnesses were got recorded. Thereafter, on 16.7.2008 the complainant petitioner moved an application under Section 319 Cr.P.C., stating inter alia that his sister was harassed on account of insufficient dowry not only by Deep Singh but her mother-in-law Antar Kanwar and the second wife of Deep Singh, Shobhag Kanwar also harassed and ill-treated her. Narrating detailed facts in the application, a prayer was made to implead them as accused persons and a request was made to take cognizance and summon them. The learned Sessions Judge, after considering the application, vide order dated 1.8.2008 did not find the involvement of these persons in the commission of crime and hence vide the said order he rejected the application filed under Section 319 Cr.P.C. Being aggrieved by the said order, the present revision petition has been filed. Notice of this revision petition was issued to respondents, record was called and arguments were heard.