MOHD. IZAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners against the order dated 26th of April 2008 and 03rd of May 2008 which was passed by the Judge Special Court Women Atrocities and Dowry Cases (Manila Utpidan and Dahej Pakran), Kota in Criminal Session Case No. 13/2008 whereby the learned Special Court charge under Section 306, 498 -A I.P.C. were framed against the petitioners. The brief facts of the case are that on 20.06.2006 a First Information Report No. 122/2006 was lodged at Mahila Police Station, Kota against the petitioners on the basis of the Merg Report No. 03/2006 in which it was stated that deceased Sanjida was married with Mohd. Ijaz in the year 1997 and thereafter she given birth two children and before one month operation of her abdomen was made and 1/2 Kg. Githan was removed from her stomach and on 11.06.2006 deceased Sanjida went out from house without told any persons of the family and on 11.06.2006 at night report of the Gumsudgi was lodged at Gumanpura Police Station, Kota.

(2.) ON 12.06.2006 dead body of the Sanjida was found in the Canal and which was taken out by the staff of Nagar Nigam and informed to police and police taken in the hospital to said dead body and informed to petitioners. On 12.06.2006 Panchnama was prepared father and brother of the deceased was present in the hospital and no allegation was leveled against the petitioners at that time but after five days under influence and having intention submitted written report to Investigating officer and stated that deceased was torture and harassment by the husband and relative for dowry demand and further levelled allegation. After investigation the police has filed a challan and on the basis of the challan charge has been framed against the petitioners on 26th of April 2008 as well as on 3rd of May 2008.

(3.) I Have heard learned Counsel for the parties and also perused the material made available on record.