RUKMA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed by the petitioners against the order dtd. 4/7/2019 passed by the learned Additional Sessions Judge (Women Atrocity Cases), Jodhpur Metropolitan whereby the learned Judge has framed the charges against the petitioners for offences under Ss. 498A, 304B/34 in alternate 302/34 IPC.

(2.) Counsel for the petitioners submits that after thorough investigation, the Police filed the challan against the petitioners for offences under Ss. 498A and 304B IPC but the trial court framed the charges in the alternate for offence under Sec. 302/34 IPC which is per se illegal as there is no evidence against the petitioners in this regard. In such circumstances, the impugned order of framing charge in the alternate for offence under Sec. 302/34 IPC against the petitioners deserves to be quashed and set aside. To buttress his contention, the counsel for the petitioners has relied upon the judgment of the Hon'ble Court Supreme Court in the case of Jasvinder Saini and Ors. v. State (Govt. of NCT of Delhi) [2013 (2) WLC (SC) Cr. 493].

(3.) Per contra, learned Public Prosecutor has vehemently opposed the submissions made by the counsel for the petitioners and submits that the learned trial court has rightly framed the charge in the alternate for offence under Sec. 302/34 IPC against the petitioners and the impugned order requires no interference from this Court.