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1998 Supreme(Raj) 71

SHIV KUMAR SHARMA
Pramod Kumar Gupta – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.R. Bajwa, Sr. Advocate. and V.P. Bishnoi, for the Appellant
M.L. Goyal, Public Prosecutor for the Respondent No. 1 and Bin Singh, Advocate. for the Respondent No. 2

Judgment

Shiv Kumar Sharma, J.-The petitioners have filed this petition impugning the order dated August 6,1997 passed by the learned Additional Sessions Judge, Sikar, whereby the charge under Sections 498-A, 304-B, 306 and 406, IPC have been framed against the petitioners.

2. Few facts are required to be set out at the outset in order to resolve the controversy posed before me. Deceased Savita Gupta was married to petitioner in 1992. It was in August, 1995 she had gone to her parents. After her stay with her parents for about three months, suddenly on November 8, 1995 her dead body was found in small water tank located at the ground floor of her parents’ house in mysterious circumstances. Dead body of her young daughter was also found in the same tank. Deceased Savita Gupta was reported missing by her brother on November 8, 1995 at 8.00 p.m. at Police Station Kotwali, Sikar. Second report was submitted at 2.30 a.m. on November 9,1995 by Anil Kumar, wherein inter alia it was stated that Smt. Savita Gupta committed suicide alongwith her child by jumping into Water Tank. The Police Station Kotwali registered FIR No. 583 of 1995 for offences punishable under Sections 498-A, 306 and 40













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