S.C.AGARWAL,J. - (1.) HEARD learned counsel for the revisionist and learned A.G.A. for the State.
(2.) NO notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he feels so aggrieved. This revision under sections 397/401 Cr.P.C. is directed against the order dated 18.8.2010 passed by Additional Sessions Judge/ Fast Track Court No.1, Firozabad in S.T. No.25 of 2010, State Vs. Ravindra Pratap Singh and others under sections 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act, P.S. Sirsaganj, District Firozabad, whereby the application of the complainant (opposite party no.2) under section 319 Cr.P.C. for summoning Luvkush, Shishupal (revisionist) and Smt. Renu was partly allowed and the revisionist Shishupal was summoned to face trial under sections 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act.
(3.) AS per the F.I.R., Vineeta - sister of the complainant was married on 4/5.3.2003 to accused Ravindra Pratap Singh. After marriage, she was harassed by her husband Ravindra Pratap Singh, father-in-law Ram Bharosey Lal, Luvkush and Shishupal - jeths and Smt. Renu - jethani on account of demand of dowry. Vineeta informed the complainant many times in person and also on cell phone that she was apprehending her murder by the accused persons. Vineeta died in her matrimonial home in the intervening night of 23rd and 24th of May, 2009. F.I.R. was lodged on 24.5.2009. It was also alleged in the F.I.R. that the complainant had paid a sum of Rs.l lac to Luvkush, the jeth of the decesed, for service, even then the accused persons committed murder of his sister. On autopsy, the death of the victim was found due to asphyxia as a result of hanging. After investigation, investigating officer submitted charge-sheet against Ravindra Pratap Singh and Ram Bharosey Lal. During investigation, the prosecution examined Girish Chandra as P.W.1, Kripal Singh as P.W.2, Smt. Vidyawati as P.W.3, Ajay Kumar as P.W.4 and Rajaram as P.W.5. ;