LAKHI RAM Vs. SITA DEVI

JUDGEMENT

(1.) The facts disclosed in this criminal appeal make painful reading. A young married girl, Neelam by name, is alleged to have been murdered on 23/04/1982. It is said that her body was burnt after she died. It is alleged that cremation took place without informing any of her relatives. Her father came to know of this tragedy on 27/04/1982 from a relative of his. The father lodged an FIR against the deceased's husband, father-in-law, mother-in-law and an employee, namely, Purshottam Dass. It appears that no action was taken by the police. Her father was, therefore, compelled to file a private complaint before the Judicial Magistrate at Mansa on 2/08/1982, for offences under S. 302 read with S. 34 ipc. The Magistrate stayed the proceedings in this complaint, since he was told that the police were investigating into the offence on the basis of the FIR lodged by the father. On 1/10/1982, police filed a challans after investigation only against the mother-in-law under S. 306 IPC. Thereafter, the Magistrate committed the accused to the Sessions court on the complaint filed by the father of the deceased.

(2.) The accused filed a revision petition against the order of committal made by the Magistrate before the High court and obtained a stay of the Sessions trial.

(3.) The father of the deceased had moved the Sessions Judge with the request that the Sessions trial must proceed first and the police case should be stayed. This request was disallowed by the Sessions judge. The High court was thereupon moved under S. 482 criminal Procedure Code by the father, without success. It is from this order that the present appeal arises.