RAMA DEVI @ RAM DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this revision is to the order dated 10.02.2015 passed by learned Additional Sessions Judge-I, Jamtara in Sessions Case No.118 of 2014 whereby and whereunder the petition filed by the petitioner under Section 227 of the Code of Criminal Procedure (In short "the Code") for his discharge, has been rejected.

(2.) A brief reference to the factual aspects would suffice the issue involved in this case. On the basis of the fardbeyan of the informant Pratap Narayan Jha, Jamtara P.S. Case No.112 of 2013 was instituted on 10.04.2013 under Section 304B of the Indian Penal Code with the allegation that on 09.04.2013 the informant had gone to Jamtara court to attain a case instituted at the instance of his daughter Shiwani Jha under Section 498A of the Indian Penal Code against her husband Manoj Jha where the said Manoj Jha was also present and seeing the informant, the said Manoj Jha voluntarily uttered before him that he would never keep his daughter Shiwani Jha anymore. Whereafter the informant came back to his house and on being asked by his daughter Shivani Jha he conveyed the message which was given by Manoj Jha (her husband) that he will not keep Shiwani Jha in his house. After hearing the said message, his daughter Shiwani Jha fell down and became unconscious but later on she regain her sense and in the night she slept with her mother but in the morning she was found unconscious and thereafter she was brought to Jamtara Hospital where the doctor declared her dead.

(3.) After completion of the investigation, the police submitted charge-sheet under Section 304B of the Indian Penal Code against the present petitioner and other accused persons including the husband of the deceased. After commitment of the case, petitioner filed a petition under Section 227 of the Code for her discharge but the court below rejected her prayer holding that on perusal of the F.I.R. and the entire case diary, I find no prima facie case under Section 304B of the Indian Penal Code but there is sufficient prima facie evidence against the petitioner for committing offence under Section 306 of the Indian Penal Code and fixed the case for framing of charge on the next date under Section 306 of the Indian Penal Code. Hence, this revision.