SARVESHWAR SINGH Vs. STATE

JUDGEMENT

(1.) This misc. petition by complainant under Section 482, Cr.P.C. is directed against the order dt. 3-2-98 passed by the learned Sessions Judge, Jalore whereby he discharged respondents Nos. 2 and 3 under Section 304-B, I.P.C.

(2.) The relevant facts of the case are that petitioner Sarveshwar Singh lodged a report at Police Station Ahore on 25-4-97 alleging that his sister Rashal Kanwar was married to respondent Suresh on 10-12-94 and a lot of dowry was given in the marriage but his sister used to tell that her daughter-in-law (respondent No. 3) was not satisfied with the dowry and therefore a Tape Recorder was arranged for her, yet the respondents were not satisfied and on the night of 18-4-97 the dead body of Rashal Kanwar was found lying in the room of the respondents' house. On this report, a case under Section 498-A and 304-B, I.P.C. was registered. The police after completion of the investigation submitted a challan. The learned Sessions Judge vide order dt. 11-9-97 framed charges under Sections 498-A and 304-B, I.P.C. against the respondents Nos. 2 and 3. That order was challenged by the respondents by preferring a revision petition. This Court vide order dt. 12-10-97 setting aside the order of charge, directed the Sessions Judge to re-hear the parties and pass order according to law. Thereupon, the learned Sessions Judge after hearing the counsel for the parties and perusing the documents discharged the respondents Nos. 2 and 3 under Section 304-B, I.P.C. and directed the framing of the charge under Section 498-A and 306, I.P.C. against them.

(3.) Mr. Mehta, learned counsel for the first informant-petitioner, contended that a charge under Section 304-B, I.P.C. ought to have been framed against the respondents Nos. 2 and 3 on the basis of the material available on record.