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2009 Supreme(Raj) 2062

RAGHUVENDRA S.RATHORE
Jitendra Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Shiv Charan Gupta, Advocate.
For the Party: Javed Choudhary, Public Prosecutor.
For the Respondents No. 2 and 3:Rajneesh Gupta, Advocate.

JUDGMENT

1. - This revision petition has been filed by the complainant-petitioner against the order dated 08.04.2009, whereby an application under Section 319 Cr.P.C. had been rejected.

2. The case of the prosecution is that an FIR was lodged by Jitendra Singh, petitioner, brother of the deceased, on 14.01.2008 for the offence under Sections 498-A and 304-B IPC. In the said First Information Report, allegations had been made in respect of harassment and demand of dowry, against the husband Ashok Singh, father-in-law Brikh Bhan Singh and mother-in-law Draupati. After lodging of the report, the investigation commenced and the police filed challan against the husband Ashok Singh for the offence under Section 304-B IPC and as against the other accused persons investigation was kept pending under Section 173 (8) Cr.P.C. In the statements of the witnesses recorded during the investigation, such as, Smt. Usha Devi, etc. allegations had been made against all the three persons. During the course of trial, the statements of material witnesses were recorded on 22.09.2008 onwards as PW-9, etc. After recording of the statements of Sonu Devi (PW- 14) on 11.02.2009, the complainant-petitioner move









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