VIDYA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDYA Devi, the mother, has moved the present petition under Articles 226 and 227 of the Constitution of India for the issuance of a writ directing the Senior Superintendent of Police, Karnal and S. H. O. of Police Station, Sadar, Karnal to register a case under Section 302/201/120-B 148/149 IPC in respect of the murder of her son Vijay Kumar on the intervening night of 13/14-9-1992 at the premises of his in-laws at Kunjpura, Karnal.

(2.) VIDYA Devi is a widow and belongs to village Randoli Tehsil and District Karnal. Malti d/o Ram Chand Kanwal of village Kunjpura (Karnal) was married to his son Vijay Kumar recently on 11-12-1991. Prior to the aforesaid marriage Ram Chand Kanwal, the father, had made an enquiry that Vijay Kumar besides a residential house also owned a few killas of agricultural land and possessed about two lacs of rupees in cash. Vijay Kumar spent considerable cash which he possessed, in improvements of the residential house and on his marriage. When Malti came to know that the deceased had not sufficient money with him then she, her father and other members of her family started disliking Vijay Kumar who told that he was not in a position to sell the agricultural land or to desert his widowed mother. On 6-9-1991 Deepak Kumar a brother of Malti allegedly threatened that his sister Malti may seek a divorce shortly unless the agricultural land was not sold by Vijay Kumar; that on 13-9-1992 Deepak Kumar took-away his sister Malti from the premises of her husband; on 13-9-1992 Vijay Kumar the husband had gone to premises of his in-laws at 6.00 P.M. with the object of bringing his wife Malti back to his house. However, he did not return and on 14-9-1992 Vijay Kumar was found dead in a school building of his father-in-law Ram Chand. The dead body of Vijay Kumar was taken to Civil Hospital, Karnal where post-mortem examination was conducted. From the information furnished by the police, it was found that death was on account of hanging. However, the Medical officer sent the viscera from chemical examination. The local police however was of the view that Vijay Kumar died on account of excessive drinking.

(3.) WHERE the wife is a graduate and the husband is far less educated and not even a Matriculate and his death had taken place within the premises of his in-laws and undisputably on account of strangulation, the plea of a widowed mother that a case should be registered against the accused named by her has great justification.