ASHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision petition filed against the order passed by the Munsif and Judicial Magistrate, Sanchore dated 24. 1. 87, whereby the learned Magistrate has accepted the final report submitted by the police in F. I. R. No. 3/86 u/sec. 326, 342 and 307 I. P. C.

(2.) BRIEF facts giving rise to this revision petition are that a first information report was filed on 6. 01. 1986 at police station Cheetalwana by Ashu that his daughter Nenu was married to the non-petitioner Khetaram four years ago and there after she remained at her father in law's house. On 16th August,1985, non-petitioner no. 2 to 6 conspired and set her no fire after throwing kerosene Kerosene on her. Thereafter, she was taken to Dhanera Hospital (Gujarat) by her husband's elder brother for treatment. When Ashu father of Mst. Nenu came to know about the whole incident, he immediately rushed to the hospital and found that Mst. Nenu had a number of burn injuries on her body, at that time she refrained from, telling anything as she was under the fear of her in-laws. After two months Nenu was discharged from the hospital and she was taken to the house of her father-in-law. After that her husband left for Bombay and she was again maltreated by her mother-in-law and thrown out. She came to her father's house and narrated the whole story to her father, Ashu father of Mst. Nenu thereafter requested her in-laws for amicable settlement but without any result. Thereafter, a first information report was filed at police station Cheetalwana on 6th January. 1986. During the course of investigation, the police recorded the statements of Mst. Nenu, her father Ashu. Thakra and Achla, The statement of Mst. Nenu was also recorded under Section 164 Cr. P. C. on 4. 02. 1986. After close of investigation the police filed a final report and did not believe the story given out by Mst. Nenu and supported by Thakra, Achla. Police submitted the final report and the learned Magistrate accepted the same and discharged the accused. Hence the present revision petition by complainant.