RAHEES KHAN AND ORS Vs. HAMIDA BI

JUDGEMENT

(1.) Heard finally.

(2.) This application under Section 482 of Cr.P.C. has been filed against the order dated 8-4-2011 passed by J.M.F.C. Mungawali, Distt. Ashoknagar in complaint case No. 197/2011 by which the Magistrate has taken cognizance of offence under Sections 302,324 of I.P.C. against the applicants.

(3.) The necessary facts for the disposal of the present application in short are that the Kotwar gave an information to the police that the dead body of a child namely Aliya is lying in front of her house. On this information, the police started investigation. The dead body was sent for postmortem. The statements of the witnesses were recorded. The statement of the respondent was also recorded. This is not out of place to mention here that the respondent is the wife of one Mister Khan who is facing trial on the allegation of killing his own daughter Ms. Aliya Khan. It was stated by the respondent in her case diary statement that a land dispute is going on between her husband Mister Khan and Rahees Khan and therefore, the revenue authorities had come for demarcation of land. Her husband and brother-in-law had gone to the fields. At about 1:30 P.M., they came back. Her husband was very annoyed. He said that since, Rahees has got the land demarcated, therefore, now he will get him implicated in a false case of murder. Therefore, he picked up an axe and moved towards his daughter. When the respondent objected to it, her husband caused injury to her by a knife and thereafter he caused injury to his daughter deceased Aliya. The police after completing investigation, filed charge sheet against Mister Khan and Pappu Khan and they are facing trial.