Research › Search › Judgment

Rajasthan High Court · body

2016 DIGILAW 1607 (RAJ)

Raj Kumar Brahmin son of Shri Banwari Lal v. State of Rajasthan

2016-11-15

V.K.VYAS

body2016
JUDGMENT 1. - The present revision has arisen out of order dated 23.06.2016, passed by learned Additional District & Sessions Judge No. 4, Sikar in Sessions Case No.05/2016, pertaining to FIR No. 329/2015, Police Station Laxmangarh, District Sikar, whereby learned trial court after hearing both the parties has directed to frame charges of offence under Sections 498A & 306 I.P.C against the petitioners. 2. Brief facts of the case necessary to decide the present matter, are that on 15.11.2015 Sharda died an unnatural death whereupon proceeding under Sections 174 Cr. P.C. was initiated. On 19.11.2015, Shri Ishwar Ram father of deceased Sharda submitted a written complaint against the present petitioners alleging inter alia that Sharda was married with Raj Kumar, son of the other petitioner Banwari Lal on 13.02.2005. After marriage they started harassing her for the demand of dowry. Ultimately, the petitioners killed Sharda. On this complaint FIR No. 329/2015 was registered at Police Station Laxmangarh. After due investigation, police filled a charge-sheet against the petitioners for offences under Sections 498A & 306 IPC. 3. Learned counsel for the petitioners has taken me through statements of Raj Kumar, Bhanwari Devi, Dhanni Devi, Chaggan Lal and Nathmal recorded by police under Section 161 Cr.P.C. and submitted that independent witnesses have not provided any iota of evidence in support of the prosecution. FIR has been registered after delay of four days. Proceedings under Section 174 Cr.P.C. were initiated by police on information by the petitioners. There is no evidence that just immediate prior to committing suicide, Sharda was subjected to harassment or cruelty, as a result she committed suicide. In such situation, the petitioners deserve discharge. 4. Learned Public Prosecutor has taken me through statement under Section 161 Cr.P.C. of Chaggan Lal and submitted that veracity of statement of the witnesses is to be tested and tried in the trial and at present juncture of the trial, the evidence collected by police cannot be appreciated meticulously. There is sufficient material available on record to proceed with the trial after framing the charges against the petitioners. 5. I have given thoughtful consideration to the rival submissions and perused all the material available on record. 6. It appears that some independent witnesses have not stated, in their statement, recorded under Section 161 Cr.P.C. that Sharda was ever subjected to cruelty for demand of dowry. 5. I have given thoughtful consideration to the rival submissions and perused all the material available on record. 6. It appears that some independent witnesses have not stated, in their statement, recorded under Section 161 Cr.P.C. that Sharda was ever subjected to cruelty for demand of dowry. However, they have said that sometimes she was taunted as Kali (Black) by her-in-laws and she was feeling annoyed and embarrassed. Some other witnesses appearing to be independent also have supported the prosecution. Veracity, trustworthiness and genuinity of witnesses can be tested only during the trial and not at the stage of framing of charge. If there is prima facie sufficient evidence to prove the offence, the accused can be charged with. Delay in lodging FIR, role of in-laws in informing police diligently etc. all these aspects are to be considered, weighed and evaluated during the trial. Present is not a stage for passing any comments on all these. 7. Therefore, the order impugned passed by learned trial court based on prima facie evidence available before him, cannot be said to be illegal, improper or against the basic principles of law.Hence the revision stands dismissed.Since the main petition has been dismissed, the stay application also stands dismissed.Revision dismissed. *******