JETUDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Public Prosecutor assisted by the counsel for the complainant and perused the record as well as the impugned order of framing of charges.

(2.) By way of this revision, the petitioners have assailed the validity and correctness of order dated 24.5.2007 passed by the learned trial Court whereby the learned trial Judge has framed charges against the petitioners for the offence under Sections 498A and 304B I.P.C.

(3.) The facts of the case in brief are that on 21.2.2005 one Krishna Ram father of the deceased filed a complaint before the learned Civil Judge (J.D.) and Judicial Magistrate, Deedwana, District Nagore alleging inter alia that his daughters Bhanwari aged 13-14 years and Sanju aged 10 years respectively were married to Sarwan Ram and Nanu Ram both sons of Hema Ram about 6-7 years ago. He further alleged that after one year of marriage, Bhanwari started living at her in-laws' house, however, from the very beginning she was harassed and mal, treated by her husband, father-in-law, mother-in-law, sister-in-law and brother-in-law for bringing insufficient dowry. She remained at parental house and thereafter an assurance was given by the in-laws' side that they would behave with her properly, she was sent back to her in-laws'. It was alleged that on 5.2.2005 at 8.00 AM the accused persons lit fire to Bhanwari by pouring kerosene upon her, due to that later on, on 9.2.2005 she succumbed to the burn injuries. The said complaint was sent for investigation under Section 156 (3) Cr. P.C., whereupon a case vide F.I.R. No. 29/2005 was registered at P.S. Khunkhuna, District Nagore for the offence under Sections 304B, 498A and 406 I.P.C. and the investigation commenced. After completion of investigation, police submitted charge-sheet against the present petitioners Hema Ram (father-in-law), Jetudi (mother-in-law) Smt. Rekha (sister-in-law), and Nanu Ram (brother-in-law) under Sections 498-A and 304-B/34 I.P.C. and the case was committed to the Court of Additional Sessions Judge, Deedwana. At the time of framing of charge, after hearing both the sides, the learned trial Judge framed charge against the petitioner for the offences under Sections 498A and 304B I.P.C., hence this revision. Notice was given to respondents, record of the case was called and arguments were heard.