HC sets aside court order framing murder charges against mother, orders fresh hearing

Jodhpur: The Rajasthan High Court's principal seat at Jodhpur has set aside a trial court order framing murder charges against a mother in the death of her six-month-old daughter and directed a fresh hearing.The ruling, delivered by Justice Farjand Ali on Jan 22 and uploaded Thursday, criticised the Phalodi lower court's "mechanical approach" and pointed out serious flaws in the police investigation and subsequent legal proceedings. The single bench observed that the police "completely reversed the roles of the parties" by turning the complainant into an accused.
The case dates to Feb 10, 2021, when Reema, a forest officer currently stationed in Jhalawar, reported that her husband Vikas, a deputy forest officer, along with her in-laws, killed the infant, Kashvi. According to the FIR, Reema was allegedly assaulted by her husband and in-laws, and the husband allegedly strangled Kashvi. Reema alleged that when she tried to save the child, the three forcefully fed her poison, leaving her vomiting and severely weakened. She then called her father and was taken to a hospital, where her life was saved, but the child died. When the chargesheet was filed, Reema found herself charged under IPC section 302 for murder, despite her initial complaint and the statement recorded under Section 164 CrPC, while the police appeared to have shielded her husband and in-laws from prosecution. The high court noted that the trial court relied too heavily on the police's narrative, failing to exercise proper judicial discretion and did not explain the basis or evidence for framing a murder charge against the mother. The high court described the lower court order as "cryptic and vague," and said the trial court failed to consider the factual background in which the investigating agency turned the complainant into an accused. The high court set aside the March 18, 2025, order and remanded the matter back to the Phalodi trial court for fresh consideration.