DEVRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under section 397 read with 401 of the Code of Criminal Procedure, petitioner Devraj has filed this petition for setting aside the order dated 18 -1 -1997 passed by JMFC, Ashta, District Sehore by which learned Magistrate took cognizance against the petitioner for offence punishable under section 302 of the Indian Penal Code.

(2.) ON 14 -7 -1995 Krishna Bai lodged a Dehati Nalishi against the petitioner stating that on that very day at about 9 AM, when she was cooking food, the petitioner, who is her nephew, being the son of her brother -in -law, poured kerosene on her and set her ablazed. On hearing her cries, her husband Babulal and other villagers reached the spot and took her to Ashta Hospital. On the report of Krishna Bai, an offence under section 307 of the Indian Penal Code was registered. The dying declaration of Krishna Bai was also recorded by Executive Magistrate at about 1.45 P.M. on 14 -7 -1995 itself. Krishna Bai succumbed to her injuries. After investigation, a challan for an offence punishable under section 306 of the Indian Penal Code was filed against the petitioner in the Court of JMFC, Ashta.

(3.) THE Magistrate, vide order impugned took the cognizance under section 190 of the Code of Criminal Procedure against the petitioner for an offence punishable under section 302 of the Indian Penal Code on the basis of material available on record. It is this order of the JMFC which has been challenged in this revision petition.