SHAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHAM Lal husband of Usha Rani deceased and other petitioner have filed this petition under Section 482 Code of Criminal Procedure for quashing FIR 204 dated 13.8.1981 Police Post. A Division Amritsar, which was registered on the application of Ramesh Kumar brother of the deceased. The allegations mentioned in the FIR are reproduced as under :-

(2.) THIS petition was allowed by this Court on July 12, 1982 in view of the Full Bench decision of this Court in Vinod Kumar Sethi and ors. v. State of Punjab, 1982(1), Chandigarh Law Reporter 638. State of Punjab filed a criminal appeal No. 574 of 1983 in the Supreme Court which was allowed on March 12, 1992 and the petition has been remanded to this court for deciding the case afresh after hearing the parties.

(3.) MR . N.s. Boparai, Assistant Advocate General, Punjab, has contended that Sham Lal husband of deceased Usha Rani is not entitled to retain the articles because Usha Rani was killed on the night between 3/4 July, 1981 at 4.30 a.m. in Mohalla Jogipura, Police Station Kotwali Budaun and a case under Section 302 read with Section 149 Indian Penal Code has been registered against Sham Lal and four others vide FIR No. 667 of 1981. In support of his arguments he has relied upon Section 25 of the Hindu Succession Act, 1956 which reads as under :-