SHANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.RC. and involves a very short question.

(2.) Daiip Kumar lodged a first information report at police station Sardarshahar on 30.9.1991 to the effect that his sister Baby alias Raju was married to Bhagwana Ram about 91/2 years ago. Sufficient dowry was given but after marriage Bhagwana Ram and Doongarmal harrassea her for dowry. In the year 1984 a cycle as well as some money were given. Again some letters were received to send money and the same was sent by money order. It was alleged that Smt. Raju was beaten and she once came to her brother and showed her injuries to him. One Sohan Lal mediated and Raju was sent to her in-laws house. It was further alleged that once she was administered sleeping pills and when she became unconscious, Raju's daughter informed Mahavir and Mahavir took her to hospital where she was admitted. She was being harassed and pestered by husband and relations of the husband. It is further alleged that Bhagwana Ram kept a tenant in his house named as Nandu. Bhagwana Ram had illicit relations with the wife of Nandu. Smt. Raju was mentally disturbed because of it. She wanted that her husband should not have extra marital affairs and she tried to make her husband realise his fault but he would not budge, therefore, she left the house of her husband and came to her brother on 25.6.1991. She was again sent back to her husband's house where it is alleged that she committed suicide and died on 27.9.1991.

(3.) Police registered a case under Sec. 498-A and 306 IPC. After investigation police submitted challan against Bhagwana Ram for offence under Sections 306 and 498-A Penal Code but submitted final report against Shanti and Dungarmal but the learned Magistrate took cognizance against Smt. Shanti. He thereafter committed the case to the, learned Sessions Judge who framed charge against Smt. Shanti.