Decided on September 12,1984

Ram Chandra and others Appellant


Kasiliwal Sharma, J. - (1.)These two criminal revision petitions have been preferred against the order of the sessions Judge, Jaipur, dated 15th Feb., 19ts4, by which, he ordered to frame charge against the petitioners for the offences as mentioned in the said order. Though, both the revision petitions were filed separately, but, they arise out of the common order of the learned Sessions Judge dated 15th Feb., 1984, and hence, they are being disposed of by this common order.
(2.)According to the prosecution, Km. Sudesh Saxena (deceased) was working as a teacher at Jaipur. Her elder sister, Smt. Namrata Saxena was working as Head-Mistress in Government Girls' Middle School, at Village - Ajitgarh in District Sikar. Km. Sudesh used to visit her elder sister's residence at Ajitgarh and stay there for some time, li is alleged that Babulal, co-accused, who happened to be the Sarpanch of that village, hid illicit relations with Smt. Namrata, and through her, he came in contact with Km. Sudesh. The prosecution has further alleged that Km. Sudesh became pregnant ; and then, in order to miscarry the pregnancy, Km. Sudesh was taken to accused Mst. Jaitoon, a midwife at Village-Amarsar. Mst. Jaitoon performed the act of miscarriage of pregnancy of Km. Sudesh, which resulted in excessive bleeding Then, Babulal and Smt. Namrata took Km. Sudesh to Ajitgarh Hospital ; and she was examined there by Dr. Kalyan Singh, who advised them to take Km. Sudesh to Janana Hospital, Jaipur. Babulal hired a jeep of one Jagdish; and while they were taking Km. Sudesh to Jaipur, she died in the way. The deadbody of Km. Sudesh was then brought directly to Jaipur, to the house of the deceased. It is alleged that Smt. Namrata was also with them when the dead body was brought to Jaipur. The dead body of Km. Sudesh was cremated on 17th Sept., 1979.
(3.)One Maliram, sent a letter to the Prime Minister, New Delhi. A Similar type of report was also sent to SHO, Sikar. In the said letters, it was alleged that the sister of head-mistress of Ajitgarh, was taken for abortion to Amarsar, and in that act, she died. On account of this complaint, the CID police investigated the matter ; and the SP, CID, on 17th Sept., 1980, sent a report to SHO, Shahpura, alleging all these facts. On receipt of this report, the SHO, Shahpura, on 27th Sept., 1980, registered an FIR No. 189/80, under Sections 314 & 201, IPC, and investigated the case. After investigation, the police submitted a challan against 7 accused persons. The learned Sessions Judge, after hearing both the sides, found that no prima facie case was made out against accused Shivshanker ; and he, therefore, discharged him of the charge levelled against him. However, he found that prima facie case for framing charge against the order accused persons, wait made out. Therefore, he ordered to frame charge against Babulal and Smt. Namrata under Sections 120-B, 314 & 201 Penal Code ; against Mst. Jatoon and Chand Mohd. u/s 314, Penal Code ; and against Dr. R. C. Saxena and Dr. Subhash Saxena, under Sec. 201, IPC. Against the said order of the Sessions Judge, Ramchandra, Subhash Chandra ; Babulal ; Mst. Jaioon; and Chand Mohd. have preferred these revision petitions.

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