BEFORE THE LEARNED SESSIONS COURT AT JAIPUR

I.A……..of 2020
C.C. No. ……….. of 2018

IN THE MATTER OF:-

The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)
Versus
Mahesh

APPLICATION U/S 319 OF CRPC, 1973, TO ADD ACCUSED DURING TRIAL

ON BEHALF OF COMPLAINANT

MOST RESPECTFULLY SHOWETH:

1. That the Applicant Vijay has made a FIR before Mahesh Nagar, Police Station on
25.05.2016 which was registered by police as FIR No. 183 of 2017.

2. Thereafter the Police have filed the Chargesheet on 15.08.2016 before the Ld.
Magistrate at Jaipur.

3. That it can be easily seen from the fact and circumstances of the case that besides
Mahesh his father Mr. Somnath, mother Ms. Geeta, sister Ms. Nita and brother in
law Mr. Narayan were also involved in committing the offences because crime was
committed with prior motive and it becomes very difficult for Mahesh to do such
act alone.

4. That if the deceased had committed suicide the conduct of the accused and his
family member was unnatural and incompatible with their innocence. They did not
bother to inform the police or much less the parents of the deceased. There is no
material on the record that the information was conveyed to the family members of
the deceased by the accused or his family member rather it was received by the
neighbor.

5. Thus, Applicant/Complainant is preferring this application before this Hon’ble

Court that it was the accused Mahesh and his family member who committed the
 murder of the deceased and guilty for the offence of murder, which can be
established from the facts of the case, beyond a reasonable doubt. So, in the interest
of Justice family member of accused must be added during the trial.

6. That, this application is preferring by the Applicant u/s Section 319 of CrPC, 1973,
which empowers the trial Court to proceed against those persons, where, in the
course of any inquiry into, or trial of, an offence, it appears from the evidence that
those persons not being the accused, has committed any offence for which such
person could be tried together with the accused, the Court may proceed against such
person for the offence which he appears to have committed.

7. The application is made bonafide and in interest of justice.

PRAYER
In the view of the above, the Applicant would therefore, most humbly pray to this Hon’ble
court for

a) Allow the present application and pleased to issue Summons / Warrant against Mr.
Somnath, Ms. Geeta, Ms. Nita and Mr. Narayan.

b) To pass such other and further Order and to grant such further reliefs as this Hon’ble
Court deems fit and proper in the interest of Justice.

Filed By
Applicant
Through
S/d: Advocate for the Applicant
Place: Jaipur
Date: …...02.2020
 BEFORE THE LEARNED SESSIONS COURT AT JAIPUR
I.A……..of 2020
C.C. No. ……….. of 2018

IN THE MATTER OF:-

The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)
Versus
Mahesh

AFFIDAVIT

I, Vijay Kumar aged about 42 years resident of Mansarovar, Jaipur Rajasthan, do

hereby solemnly affirm and state on oath as follows:

1. That I am the applicant in the above mentioned matter and am well conversant with

the facts of the case and am competent to depose this affidavit. I have filed the above

Application seeking prayers more particularly mentioned in the Application.

2. That I, for the sake of brevity, repeat and reiterate each and every statement,

submissions and contentions made in the Application as if the same are specifically

set out herein and form part and parcel of this affidavit. I affirm and verify the

correctness of the each and every statement, submissions and contentions as set out

in the Application before this Hon’ble court.

3. That I further say that, facts which are set out in the Application at Paras 1 to 7 are

true and correct to my knowledge and the grounds taken in the application are the

legal submission before this Hon’ble Court.

4. That the applicant has not filed any other application for similar relief.

DEPONENT
 VERIFICATION

I swear that contents of my above affidavit are true and correct to my knowledge

and the information derived from the record of the case and nothing material is suppressed

or concealed thereform.

Verified at Jaipur on this………..day of February, 2020.

DEPONENT
 BEFORE THE LEARNED SESSIONS COURT AT JAIPUR
I.A……..of 2020
C.C. No. ……….. of 2018

IN THE MATTER OF:-

The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)
Versus
Mahesh

FIR NO. 183 dated 25.05.2016

U/s. 304-B IPC
P.S. Mahesh Nagar

APPLICATION U/S 216 OF CRPC, 1973, FOR AMENDMENT OF CHARGE

DURING TRIAL ON BEHALF ON COMPLAINANT

MOST RESPECTFULLY SHOWETH:

1. That the above noted case is pending before this Hon’ble court and is fixed for
…..02.2020.

2. That the Hon’ble High Court of Rajasthan allowing the revision petition filed by
Complainant has framed charges under section 302, 304-B & 498-A IPC, 1860
against the accused but has not framed the charges under section 34, 120B, 201 of
IPC against the family member of accused Mahesh namely Mr. Somnath, Ms.
Geeta, Ms. Nita and Mr. Narayan who were also actively participate in the crime
and also charges under Section 3 and 4 of Dowry Prohibition Act 1961 are not
framed.

3. That in case of Satya Narayan Tiwari v. State of U.P. [(2010) 13 SCC 689], the
Apex court observed that crimes against women are not ordinary crimes committed
in a fit of anger or for property. They are social crimes. They disrupt the entire social
fabric. Hence, they call for harsh punishment. Unfortunately, this all is happening
in our society because of total commercialization of our and lust for money which
induces people to commit murder of the wife. The Crime of such nature which
outrage the modern conscience they belong to the rarest of rare category deserving
death sentence.
4. That in the present case all the ingredients of Sec 34 satisfied, besides this,
complainant has also mentioned in the FIR that the family member of the accused
did not treat Rekha properly and it was none but only the family member of the
accused Mahesh who participate in the crime and did overt act to accomplice it. In
the instant case though, there was no eye witness to the case but all the
circumstances without any doubt suggesting only hypothesis that it was only the
accused Mahesh who could have committed murder of deceased and no one else,
with the help of his family member.

5. That the Section 216 of CrPC empowers the Court to alter or add to any charge at
any time before judgment is pronounced.

6. Thus, now the Applicant/Complainant wants to get framed the charge under Section
34, 120B, 201 IPC, 1860 and section 3 and 4 under Dowry Prohibition Act 1961
against all the accused.

7. The application is made bonafide and in interest of justice.

PRAYER
In the view of the above, the Applicant would therefore, most humbly pray to this
Hon’ble court for

a) Allow the present application and may kindly framed charges against the family
member of Mahesh as well other charges in the interest of justice.

b) To pass such other and further Order and to grant such further reliefs as this Hon’ble
Court deems fit and proper in the facts and circumstances of the case.

Filed By
Applicant
Through
Place: Jaipur S/d: Advocate for the Applicant
Date: …..02.2020
 BEFORE THE LEARNED SESSIONS COURT AT JAIPUR
I.A……..of 2020
C.C. No. ……….. of 2018

IN THE MATTER OF:-

The State of Rajasthan (through Mahesh Nagar Police station, Jaipur)
Versus
Mahesh

AFFIDAVIT

I, Vijay Kumar aged about 42 years resident of Mansarovar, Jaipur Rajasthan, do

hereby solemnly affirm and state on oath as follows:

1. That I am the applicant in the above mentioned matter and am well conversant with

the facts of the case and am competent to depose this affidavit. I have filed the above

Application seeking prayers more particularly mentioned in the Application.

2. That I, for the sake of brevity, repeat and reiterate each and every statement,

submissions and contentions made in the Application as if the same are specifically

set out herein and form part and parcel of this affidavit. I affirm and verify the

correctness of the each and every statement, submissions and contentions as set out

in the Application before this Hon’ble court.

3. That I further say that, facts which are set out in the Application at Paras 1 to 7 are

true and correct to my knowledge and the grounds taken in the application are the

legal submission before this Hon’ble Court.

4. That the applicant has not filed any other application for similar relief.

DEPONENT
 VERIFICATION

I swear that contents of my above affidavit are true and correct to my knowledge

and the information derived from the record of the case and nothing material is suppressed

or concealed thereform.

Verified at Jaipur on this………..day of February, 2020.

DEPONENT