The husband accused of dowry harassment will also be tried for murder. The Supreme Court has set aside the High Court's order to quash the murder case on the plea of the girl's father. The apex court said that the High Court should not exercise the power of revision in cases in which the trial is going on on the additional charges contained in Section 302 of IPC and all the prosecution witnesses have been examined.
The order was given by a bench of Justices RF Nariman, KM Joseph, and BR Gavai. In the case of Bharatpur, Rajasthan, the girl's body was found hanging. The husband was being tried for dowry harassment, causing hurt and abetment to suicide, but in view of the evidence on record, the Sessions Court on 16 May 2016 ordered to prosecute the husband by framing additional charges of murder under section 302 of IPC. Had given. But on January 10, 2018, the High Court quashed the order of the Sessions Court to prosecute the husband under section 302 on the revision petition.
On Thursday, the petitioner's lawyer DK Garg said in the Supreme Court during the arguments that after 14 months of the commencement of the trial in the murder, the High Court set aside the order of the Sessions Court to try 302. By the time the High Court set aside the order, the statements of all the 12 prosecution witnesses in the murder trial had been further cross-examined.
Garg also showed the post-mortem report of the deceased to the court, in which it was recorded that injury marks were found on the body. He said that a suicide note was also found near the dead body but it was not proved that the signature on the suicide note belonged to the deceased.
On the other hand, the counsel appearing for the accused husband said that the Supreme Court should not interfere in the matter now as the prosecution has got the liberty to file a separate application in this regard if sufficient evidence is available.
The bench, after hearing both sides, set aside the order of the High Court and said that the High Court should not exercise the power of revision in cases where the trial is going on on the additional charges framed in section 302 and all the prosecution witnesses have been examined. It's done The Supreme Court disposed of the special leave petition, ordering the disposal of the pending case at the earliest.
what was the matter
According to the case, the petitioner's daughter Neeraj was married to Krishnaveer alias Pintu in 1999. After a few days of marriage, her husband and mother-in-law started harassing her. After the retirement of Neeraj's father in 2012, the husband and mother-in-law started pressurizing him to bring five lakh rupees from his father. When she did not agree to this, she started being treated badly. On 10 June 2014, Neeraj's body was found hanging.