- (1.) THIS revision petition has been filed against the order dated 17.10.2012 passed by learned Special Addl. Sessions Judge(Women Atrocity and Dowry Cases), Sri Ganganagar whereby the application under Section 319, Cr.P.C. filed by the present petitioner has been dismissed.
(2.) THE short facts of the case are that on 10.10.2010, the complainant petitioner submitted a written report to the SHO of Police Station Ghamoorwali alleging therein that the marriage of his daughter Indira Devi was solemnized five years back with Bajrang Ram. On 9.10.2010 her daughter has died in suspicion situation. Bajran Ram has demanded dowry from her daughter and also threatened his son to kill her. On the basis of this report, FIR No.140/2010 has been lodged. After investigation, charge-sheet has been filed only against Bajrang Ram, whereas respondent no.2 to 4 have not been charge-sheeted. The petitioner moved an application under Section 319, Cr.P.C. to implead respondents no. 2 to 4 which has been rejected. Hence this revision petition. The contention of the present petitioner is that in FIR, specific allegations have been lodged against respondents no.2 to 4. Witnesses PW-5 Krishna Lal, father of the deceased and PW-12 Keshar Devi mother of the deceased, lodged specific allegations against the respondents. Hence the application under Section 319, Cr.P.C. should have been allowed by the court below. Per contra, the contention of the learned Public Prosecutor is that there is no infirmity in the impugned order.
(3.) HEARD learned counsel for the petitioner and the learned Public Prosecutor for the State and perused the material available on record. On 10.10.2010, FIR has been lodged for the offence under Section 304-B and 498-A IPC by the father of the deceased in which allegation of demand of dowry has been lodged against the husband of the deceased and thereafter, a bald allegation has been lodged against respondents no. 2 to 4 that they have also tortured his daughter but no specific allegation has been stated in the FIR. After investigation, charge-sheet has been filed against the husband of the deceased. Before the court, 15 witnesses have already been recorded. Witnesses PW-1 to 4, and PW-8 have not supported the prosecution story.;