[2025:RJ-JD:36933]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1508/2023 Haribhajan Ram S/o Late Shri Kana Ram, Aged About 52 Years, B/c Bishnoi R/o 49-B Near Krishan Mandir Ratanada C Road Jodhpur ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Mohan Ram S/o Shri Kanaram, R/o Near Baknath Ashram Indra Colony Phalodi Dist. Phalodi

3. Dinesh S/o Mohan Ram, R/o Near Baknath Ashram Indra Colony Phalodi Dist. Phalodi ----Respondents For Petitioner(s) : Mr. Rajiv Bishnoi For Respondent(s) : Mr. Narendra Gehlot, PP Mr. Mahesh Thanvi HON'BLE MR. JUSTICE SANDEEP SHAH

Order

Reportable Reserved on: 14/08/2025 Pronounced on: 28/08/2025

1. By way of filing the instant revision petition, the accused- petitioner has questioned the validity of the order dated 08.08.2023 passed by the learned Additional Sessions Judge (Women Atrocity Cases), Jodhpur Metropolitan, Jodhpur in Session Case No.55/2022 titled “State v. Haribhajan Ram”. whereby the learned Trial Court has framed charges against the petitioner-

accused under Sections 498-A and 306 I.P.C.

Brief facts:-

2. On 07.09.2018 at around 10:00 PM an FIR No.230/2018 came to be lodged at police station Mandore, District Jodhpur against the petitioner based upon the parcha bayan/statement given by late Smt. Geeta Devi, for the offence punishable under Section 498A IPC. Smt. Geeta Devi stated that she was working as a Constable in RAC First Battalion Mandore, Jodhpur and her husband (present petitioner) used to mentally harass her and had deserted her for almost ten years. She stated that whenever they crossed each other, he used to hurl abuses and threatened to kill her. She stated that on 05.09.2018 when she went to the Court, her husband (present petitioner) insulted her and verbally abused her. She stated that she had informed this fact to her brother Dinesh and her mother & father. She further stated that she married the petitioner-Haribhajan Ram in the year 2004 and gave birth to two children namely, son Prakash and daughter Kusum. She stated that earlier she had lodged a case for grant of maintenance against the present petitioner. She stated that being fed up with the treatment meted out to her by her husband, on 07.09.2018 she poured petrol upon her body and ignited herself and thereafter, she was taken to the hospital. She further stated that due to the cruelty meted out by her husband, she had attempted to commit suicide.

3. During the course of her treatment, dying declaration of the deceased Smt. Geeta Devi was recorded by Special Metropolitan Magistrate, NI Act Cases, No.3 Jodhpur, wherein upon a question being asked as to how she got in such a condition, late Smt. Geeta Devi informed the Magistrate that day before yesterday, there was a date in the Court case, which she had filed against her husband i.e. present petitioner and during the course of cross-examination, learned counsel for the petitioner had asked her various uncomfortable questions to her and had tried to cause difficulty for her on each date. She further stated that her husband had tortured her whenever he met her and he used to cause difficulty for her and used to level frivolous allegations against her. She further stated that because of the mental tension, she had tried to commit suicide, for which, her husband was responsible. She further stated that for the last twelve years, her husband was cause of unhappiness as he had married somebody else and had abandoned herself and her children.

4. Smt. Geeta Devi succumbed to the burn injury on 20.09.2018 i.e. around 14 days after the date of incident. The police had thereafter recorded the statement of various witnesses, including Mohan Ram - father of the deceased, Dinesh-brother of the deceased, Mohani Devi-mother of the deceased, Prakash-son of the deceased, Pawan Rankawat-advocate of the deceased, and Bharat Sodha and Sulochana i.e. neighbours of the deceased. The police after investigation had came to a conclusion that o