HAMEER SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner Hameer Singh seeks to assail the order dated 15.03.2018 passed by the learned Additional Sessions Judge Women Atrocities Act Cases, Jodhpur Metroplitan in Sessions Case No.46/2015 whereby, the application filed by the defence seeking comparison of handwriting on the suicide note allegedly left behind by the deceased before ending her life was rejected.

(2.) I have heard and considered the submissions advanced by Shri Vineet Jain, learned counsel representing the petitioner and Shri Pradeep Choudhary, learned counsel representing the complainant and the learned Public Prosecutor Ms. Anita Gehlot and have gone through the impugned order.

(3.) The petitioner is facing trial before the trial court for the offences under Sections 498A and 304B IPC. He set up a pertinent defence that before ending her life, his wife Smt. Nirma wrote a suicide note which was seized by the police during investigation. During the course of the investigation, the I.O. also collected the leave application purportedly for comparison of handwritings, submitted by the deceased at her school, the suicide note was not sent for handwriting comparison, whereupon, the defence filed the application which has been rejected as above. However, as the prosecution has chosen not to rely upon the said suicide note as it runs contrary to its case.