HARI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has filed the present petition under Section 482 Code of Criminal Procedure, with a prayer that case F.I.R. No. 80 dated May 12, 1998 registered at Police Station Jatusana, District Rewari, be re-investigated by some other officer.

(2.) BRIEFLY the facts of the case are that one Anju was married to Anil Kumar. Her younger sister Pinki was married to Inder Singh, younger brother of Anil Kumar. Both the sisters were residing along with their husbands and other members of the family in the same house. On the night intervening 10/11th May, 1998, Anju came out of her room and was in flames. She was burnt badly. Her sister Pinki tried to save her, but she was pushed inside the room by Anil Kumar and other members of the family. Anju was rushed to the Civil Hospital, Rewari, and thereafter she was taken to Safdarjung Hospital, New Delhi, where she expired. In the opinion of the doctor at Civil Hospital, Rewari, Anju had suffered 100 per cent burns. Case was registered against Anil Kumar, husband of Anju deceased, his brothers Harpal Singh and Labh Singh, his mother Smt. Shanti Devi and his sister Saroj, under Section 302/34, Indian Penal Code. However, after completion of the investigation, the challan was presented under Section 306/34, Indian Penal Code, instead of Section 302/34, Indian Penal Code.

(3.) LEARNED counsel appearing for the State of Haryana submits that the officer investigating the case has retired. He further submits that during investigation it transpired that Anju had committed suicide and was not burnt by her in-laws. He submits that if the petitioner has any grouse, he may raise the issue before the trial Court when the case comes up for hearing.