KRISHNA RANI Vs. KAUSHALAYA DEVI

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is directed against order dated 10.04.2006 Annexure P-2 passed by Judicial Magistrate, Ist Class, Jalandhar whereby criminal complaint titled Krishna Rani @ Krishna Devi @ Kaushalaya Devi for commission of offence under Section 306 IPC has been dismissed. The petitioner aggrieved by the same carried a revision which also has been dismissed vide order Annexure P-3 dated 01.09.2008. In the present case, notice of motion was issued on 22.09.2008. On 18.12.2008, none appeared for the petitioner and, therefore, it was directed by this Court that learned counsel for the petitioner be notified. Thereafter the matter has been adjourned for one reason or the other. Today, none has put in appearance for the petitioner. Sequence of facts as it emanates from the available file indicates that Rita @ Anita d/o Kaushalaya Devi and Hans Raj was married to Bhupinder Kumar s/o petitioner Krishna Devi. On 05.04.2003 Rita @ Anita was admitted in Civil Hospital, Jalandhar with burn injuries. She gave her statement to Judicial Magistrate, Ist Class, Jalandhar stating that she was married five years back with Bhupinder @ Tinku. There was quarrel amongst the members of the family. There was no issue from the wedlock. Bhupinder Kumar had poured kerosene oil on Rita @ Anita and set her on fire. When she caught fire, even the husband caught fire and received burn injuries. It was further stated that her in-laws used to harass her. Father-in-law Devi Dayal, mother-in-law Krishna Devi were also present in house at that point in time, however, none tried to save her. Dimple, Rajni and Jyoti, sisters-in-law (sisters of the husband Bhupinder Kumar) also allegedly harassed her.

(2.) On the basis of the statement, FIR bearing No. 52 dated 05.04.2003 under Section 307 IPC was registered in Police Station Division No. 8 Jalandhar against the petitioner Krishna Rani, Devi Dayal, Dimple, Rajni and Jyoti etc. On the death of Anita, Section 302 IPC was added. It transpires that trial in the said case has concluded and all the said persons have been acquitted vide judgment dated 29.03.2003. Statement of Bhupinder, who had also received injuries, was also recorded which is to the following effect:-

(3.) The petitioner Krishna Devi @ Krishan Rani filed a complaint under Section 306 IPC against Kaushalaya Devi i.e. mother of Anita on 29.09.2004 i.e. after one and a half years of the alleged incident. Considering the preliminary evidence available on record in the context of provisions of Section 306 IPC read with Section 107 IPC, the complaint has been dismissed.