RAMNARESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Sec. 397, 401 of Crimial P.C. has been filed against the order dated 28.11.2016 passed by 5th Additional Sessions Judge, Bhind in S.T.No. 357/2015 by which the charges against the applicants have been framed under Sec. 147, 302/14 of IPC.

(2.) Challenging the correctness and propriety of the order dated 28.11.2016, it is submitted by the counsel for the applicants that the respondent No. 2 has filed a criminal complaint under Sec. 200 of Crimial P.C. for offence under Sec. 302/149, 218 of I.P.C. alleging that the marriage of Alpna, the daughter of the respondent No.2 was performed with Shiv Kumar S/o Rajaram in the year 1991. It was alleged that the husband of the applicant No.2 Rambeti expired and she developed illicit relations with the applicant No.4 Hakim Singh. It was further alleged that the applicant No.4 Hakim Singh persuaded the applicant No.2 to assist him to develop illicit relations with Alpna, the daughter of the respondent No.2 but Alpna, the daughter of the respondent No.2 refused to do so as a result of which they started harassing and treating the daughter of the respondent No.2 with cruelty. On 2.12.1994, Alpna the daughter of the respondent No.2 sent an information and requested the respondent No.2 to come to her matrimonial house and in reply the respondent No.2 sent his son Ajit and younger daughter Anita to the matrimonial house of his daughter Alpna so that they can bring Alpna from her matrimonial house. On 5.12.1994 the respondent No.2 was in Amayan and his servant Prahlad came there to call him back and when he reached his house then he was informed by his daughter Anita and his son Ajit Hind that Alpna has been killed by the applicants. They also informed that when they requested the in-laws of Alpna then the applicant No.2 and accused Ashok (now dead) refused to send Alpna back to her parents home and when Alpna requested them to send her to her parents home, on this issue the co-accused Ashok (dead), applicant No.2 and co-accused Devki said that Alpna has to abide by their decision. At that time, the accused No.2 Ramnaresh and accused No.5/applicant No.3 Ramnarayan were also there. Thereafter Alpna did not eat food. On 4.12.1994 at about 12:00 in the night during the altercation the applicant No.2 caught hold the deceased Alpna and the accused No.4 Devki sprinkled kerosene oil on Alpna whereas the co-accused Ashok and Hakim Singh pointed a gun on the chest of the deceased and when their sister Alpna shouted at that time Ajit Hind and Anita tried to save her. The accused No.4 Devkibai set the deceased Alpna on fire. The applicant No.3 Ramnarayan and coaccused Ram Naresh locked both the brother and sisters/Ajit and Anita in a room. By that time as a lot of hue and cry had raised in the village, therefore, somebody opened the lock from the outside and they found that their sister was not in the house and thereafter they came back to their home on their feet and sent the information to the respondent No.2 through the servant Prahlad. After receiving the information from Ajit and Anita, the respondent No.2 went to Gwalior where he came to know about the death of Alpna. The respondent No.2 also came to know that till her death the deceased Alpna was in an unconscious state and was not in a position to speak.

(3.) The police on the basis of the Merg No.365/1994 registered the offence under Sec. 302, 147, 148, 149 against the accused persons No.1, 3 to 6. As the police did not take any action even in spite of the fact that eight months had passed, therefore, the respondent No.2 filed a writ petition before the High Court, Gwalior Bench which was registered as W.P.No. 1104/1995 and this Court by order dated 16.8.1995 directed the Collector, Bhind, Superintendent of Police, Bhind, SHO Mehagaon and CID Department to conclude the investigation. However, it was alleged that the police did not take any action as the accused No.7 was trying to save the accused persons and, therefore, it was alleged that the accused No.7 has committed an offence under Sec. 218 of IPC. This complaint was filed on 28.12.1995. The statements of the witnesses were recorded under Sec. 200 and 202 of Crimial P.C. The statement of Anita and Ajit wre also recorded under Sec. 202 of Crimial P.C. who specifically stated about the manner in which the incident took place.