Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court set-aside the order of Trial Court and directed Trial Court to frame charges against Husband and Others. The present petition has been filed by petitioner, who is mother of deceased for quashing order dated 03.10.2019 passed by 2nd Additional Sessions Judge, Jammu by virtue of which, the trial court has charged the respondent Sanjay Kumar, husband of deceased Krishna Devi, Pawan Kumar, father-in-law of deceased and Sunita Devi, mother-in-law of deceased for commission of offences under sections 306 and 498-A/34 of RPC and discharged them for commission of offence under section 304-B of RPC.
It is submitted that order impugned is bad in law as the trial court without perusing the statement of petitioner herein has altered the charge from 304-B of RPC to 306 and 498-A/34 of RPC despite fact that there was abundant evidence on record for framing of charge under section 304-B of RPC against the respondents 2 to 4.
Justice Rajnesh Oswal after hearing Adv Ajay Bakshi for petitioner whereas AAG Aseem Sawhney appearing for UT observed that the trial court has in fact conducted the mini trial and has appreciated the evidence that was not permissible at this stage. Thus this finding of the trial court that there was no evidence of cruelty ‘soon before death’ is also not sustainable in view of the statement of the abovementioned witnesses.
With these observations, the Court observed that present petition succeeds and the order dated October 3, 2019 passed by 2nd Additional Sessions Judge Jammu is set aside and the trial court is directed to frame charges for commission of offences under section 304-B, 498-A/34 of RPC against respondent. Court further directed that the respondents 2 to 4 were granted bail by the trial court and as they have remained on bail for more than 2 years, as such, they shall continue to remain on bail during course of trial.
