SHINAK MOHD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition has been filed under Sec. 397/401 Cr.P.C. by the State of Rajasthan against the order dtd. 13/9/2017 passed by the learned Sessions Judge, Chittorgarh in Sessions Case No. 38/2017 whereby the court below discharged the accused-respondent from the offence under Sec. 307 IPC while passing direction to frame charge under Sec. 498-A, 341, 323, 324 IPC against him and transferred the matter to the court of Chief Judicial Magistrate, Chittorgarh for trial.

(2.) The brief facts of the case are that on 26/12/2016, Smt. Saroj Meena lodged a report to the Police Station Sadar Chittorgarh wherein she stated that she was married to Avinash @ Raju on 7/7/2016 and thereafter, she started residing at her in-laws house. It is further stated that 2-3 days prior, some altercation took place between her and her mother-in-law. Due to this quarrel, her mother-in-law went to the house of her sister, Bhanwari Bai W/o Daichand, and did not return till night. She told this fact to her husband and at that time, she was sitting near fireplace (chulha). Her husband came and pushed her, due to which, she caught fire. Her hands and legs were burnt. On this report/a case was registered. The police started investigation. After investigation, the police filed challan against the respondent for the offence under/Sec. 307, 498A, 341, 323, 324 IPC. Thereafter, the case was committed for trial in the court of Sessions Judge, Chittorgarh. After the arguments on charge, learned Sessions Judge, Chittorgarh vide order dtd. 13/9/2017 discharged the accused-respondent for the offence under Sec. 307 IPC and transferred the matter to the court of Chief Judicial Magistrate, Chittorgarh with a direction to frame charge under Sec. 498-A, 341, 323, 324 IPC against the accused-respondent.

(3.) Learned counsel appearing for the petitioner-State submits that offence under Sec. 307 IPC is clearly made out against the accused-respondent because he pushed the complainant, due to which she got burn injuries on her hands and legs. The other witnesses also corroborated the prosecution story. In these circumstances, the impugned order discharging the respondent from the offence under Sec. 307 IPC is liable to be set aside.