HITESH BABUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is in connection with the First Information Report bearing Crime Register No. I-26 of 2017 registered with Bayad Police Station, Aravalli, on 31.03.2017, against the present applicants-accused for the offences under Sections 498A, 306 and 114 of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(2.) The complaint was given by one Kiritkumar Nanjibhai Chauhan, who happened to be the brother of the victim. The sister of the complainant-the victim was at the house of her in-laws in a joint family. It was stated by the complainant that his brother-in-law was serving therefore hardly used to stay at house. The first informant stated that his sister, her mother-in-law and father-in-law used to spent time together staying together at the house. Mother-in-law and father-in-law used to harass her. It was generally stated that husband also used to harass when he used to come to the house. This cannot be said to sufficient allegations much less specific allegations. Generally, it was stated that the sister of the complainant was given arbitrary treatment, though she had daughter aged six months.

(3.) The complainant knew on a particular day that his sister had burnt herself by sprinkling kerosene on her and subsequently succumbed to the burn injuries, whereafter the complaint as aforesaid was filed.