HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision against the order of learned Additional Sessions Judge, Bali dated 22.4.1992 by which he framed charges under Sections 306, 330, 452, 148, 149, 323 IPC against the petitioners.

(2.) BRIEFLY stated, the case of the prosecution is that on 11.6.1991 Deva lodged first information report to the effect that on 9.6.1991 at about 12 'O' clock in the noon Panna, Tara and Kali fell down in a well and died. According to the endorsement on this report he told the police that he had doubt that these persons committed suicide. An inquiry was conducted under Section 174 Cr. P.C. which revealed that all these three persons died on 9.6.1991 due to drowning. A complaint was lodged before learned Additional Chief Judicial Magistrate. Bali on 16.7.1991 which was forwarded to the Station House Office of the concerned police station under Section 156(3) Cr. P.C. According to it a theft was committed in the house of Heera in the night of 7.6.1991. All the accused persons caught hold of Chamna son of Bhura and voluntarily caused hurt to extort confession of the guilt. All of them had entered into the house of Smt. Bani on 8.6.1991 armed with lethal weapons and gave beatings to her husband Bhura, her son Tara, her daughter Kali and complainant itself. They tied Panna, Kali and Tara with a rope and asked them to either return the goods of theft or pay a sum of Rs. 30,000/ - within a period of 24 hour. They also threatened that in case they did not do so, they would not be spared alive. Panna, Tara and Kali cried. It were Kana and Kesa who came and rescued with the result Panna, Tara and Kali fell down in a well and thus committed suicide.

(3.) I have heard the learned Counsel for the petitioners as well as learned Public Prosecutor.