VIRENDRA SINGH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been preferred against the charge order dated 25.4.2009 passed by Additional Sessions and District Judge (Fast Track) No. 1, Jaipur District, Jaipur in Sessions Case No. 05/2009.

(2.) THE brief facts of the case are that an FIR No. 38/2008 was lodged at Police Station Pratap Nagar, Jaipur under Sections 498 -A, 304 -B, IPC on 13.9.2008 and after investigation charge -sheet has been filed against the Petitioner on 15.12.2008 under Sections 498 -A and 304, IPC. The learned Trial Court committed the case to District and Sessions Judge, Jaipur District, Jaipur which subsequently transferred to Additional District and Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur, who after giving opportunity of being heard to the parties framed charges under Sections 304 -B and 498 -A, IPC vide order dated 25.4.2009.

(3.) PER contra, learned Counsel for the complainant as well as learned Public Prosecutor submit that ingredients of demand of dowry are fully proved and further submit that the deceased died within a period of seven years of her marriage and she had been subjected to cruelty or harassment by her husband or relatives of her husband. Learned Counsel further submitted that a bare perusal of diary reveals that husband was cruel to the deceased and it has been written in the diary by the deceased, thus the offence under Sections 304 -B and 498 -A, IPC is made out and charges have been levelled against the Petitioner under Sections 304 -B and 498 -A, IPC. In support of his arguments, learned Counsel has placed therein reliance on the judgment rendered by Hon'ble Supreme Court in the case of Smt. Shanti and Anr. v. State of Haryana reported in : I (1991) DMC 187 (SC): 1991 (1) SCC 371, wherein the Hon'ble Supreme Court held as under: