1. By this criminal revision, petitioner has assailed order dated 23.5.2016 passed by learned Additional Sessions Judge No. 1, (Women Atrocities Act Cases), Kota in Sessions Case No. 13/2016, based on FIR No. 33/2016 registered at Police Station Dadabadi, Kota whereby, the petitioner was charged for offence u/s 306 IPC.

2. Story of prosecution as emerged out after investigation is that deceased Kunika aged about 17 years was residing on ground floor with her parents – Ajay Sharma & Smt. Rama Sharma and brother Kunal Sharma. Umashanker Sharma - Grandfather of the deceased, Sanjay Sharma - uncle and Smt. Poonam @ Vimlesh (petitioner) - Aunt of the deceased are residing on 1st Floor. Some students were also residing on rent on the ground floor. Since last three years, there is a dispute with regard to property between father and uncle of the deceased. On 28.12.2015 when Kunika sitting in Chowk was preparing vegetable for cooking, some garbage, inclusive of plastic cap and cluster of hair, thrown from 1st Floor, fell upon her head. Thereupon, Kunika turning his face up, warned to be careful while throwing garbage. In response, Poonam Sharma @ Vimlesh asked whether her head/forehe