SUPREME COURT OF INDIA (FROM: RAJASTHAN)
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Arijit Pasayat, J. -
(2.)Appellant who has been directed to be impleaded as an accused in terms of Section 319 of the Code of Criminal Procedure, 1973 (in short the Code) challenges the order passed by learned single Judge of the Rajasthan High Court at Jodhpur.
(3.)Background facts are as under:
Respondent No.1 - Nihal Singhs daughters Saroj and Kanta were married to Ishwar Singh and Bhim Singh, both sons of Appellant, Lok Ram. Saroj died on 14-9-2001. On 2-9-2001, respondent Nihal Singh filed a complaint at the Police Station, Fatehabad (Haryana), alleging commission of offence punishable under Section 406 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) and moved an application for seizure of articles purported to have been given as dowry. In the complaint it was stated that on 14-9-2001 Saroj, daughter of complainant Nihal Singh died. When his nephew Mangal Singh went to meet Saroj he learnt that she had been killed by her husband Ishwar Singh, brother in law-Bhim Singh and father in law-Lok Ram. Kerosene oil was poured on her and then she was set on fire. Police registered a case relating to offences punishable under Section 304-B and 498-A read with Section 34, IPC. On the basis of the aforesaid report an investigation was started. Stand of the appellant, Lok Ram was that he was serving at a school at the alleged time of incident. Statements of various persons were recorded. During trial, complainant-Nihal Singh moved an application under Section 319 of the Code. By order dated 6-9-2002 learned Sessions Judge rejected the application. On 4-12-2002, trial court convicted Ishwar Singh, Bhim Singh and their mother for commission of offences punishable under Section 304-B, IPC and each was sentenced to undergo rigorous imprisonment for 7 years. Against the order dated 6-9-2002 a revision petition was filed. The High Court by the impugned judgment directed the trial court to proceed against the appellant by summoning him.
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