SITARAM Vs. SITARAM

JUDGEMENT

(1.) THE applicants have filed this revision against framing of charge by the learned Sessions Judge, Mandleshwar vide order dated 16-4-2002 in Sessions trial No. 188/2000 whereby the applicant Nos. 1 to 5 have been charged for the offences under Sections 302, 302/149, 294 and 323 of the Indian Penal code.

(2.) IN short, necessary facts for final disposal of this revision are that the non-applicant/complainant Sitaram had filed a criminal complaint against the applicants. The complainant is the son-in-law of applicant Nos. 1 and 3 and brother-in-law of applicant Nos. 2,4 and 5. The complainant was married with sunitabai daughter of the applicant Nos. 1 and 3 and sister of applicant Nos. 4 and 5. He alleged in the complaint that his wife Sunitabai is residing with the applicants and the applicant No. 1 father-in-law was not willing to send her with him. Before six months from the date of her death, i. e. , 25-7-99, he brought her to his house after compromise, and she was residing with him. On the report lodged by Sunitabai against the complainant and one Sunil Khandekar, criminal Case before the learned Judicial Magistrate First Class, Sanawad for the offence punishable under Section 498-A of the Indian Penal Code was filed and in the said case, Sunitabai entered into a compromise. She had given statement in his favour. The applicants were not present at that time and date before the said Court because of which, the learned Magistrate ordered for issuance of warrant of arrest. It was further alleged that on 25-7-99, the applicant No. 2 radheshyam came to the house of the non-applicant No. 1/complainant and asked Sunitabai to come with him at the house of the applicants as she was called by father-applicant No. 1. This was refused by Sunitabai. She expressed her desire to live with non-applicant No. 1, therefore, she was filthily abused by applicant No. 2 Radheshyam. He also complained about entering into a compromise and changing her statement in the Court. He also made proposal for second marriage of Sunitabai with some moneyed person. But, this proposal was refuted by Sunitabai on which, he slapt her and tried to take her forcibly. But, because of intervention by villagers who assembled there, he could not take her with him. It is further alleged that Radheshyam had given a small packet to Sunitabai and said that it was a medicine sent by her father with instruction to take it for producing children. After giving the alleged packet of medicine, he also told her that TERE AISE JEENE SE TERA MAR jana ACHCHHA HAL Thereafter, the applicant Radheshyam came on bicycle with non- applicant No. 1/complainant to Mandleshwar.

(3.) ON the same date, i. e. , 25-7-99, between 3. 20 and 4. 00 P. M. , the complainant, after leaving his brother-in-law (applicant No. 2 Radheshyam)at Mandleshwar, reached his house at Village Thangaon and found his wife sunitabai sick. He took her to Mandleshwar with the help of one Mangilal khandekar, he got her treated and sent information about her sickness to applicant Nos. 1 and 2. After some time, Sunitabai died in the hospital. It is further alleged by the non-applicant No. 1 that in the hospital, he was filthily abused as well as beaten by kicks and fists by the applicants and he was also falsely implicated for the death of his wife, for the offence under Sections 306, 304-B and 498-A of the Indian Penal Code.