SHANTI DEVI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have challenged the order dated 02.01.2001 passed by Judicial Magistrate (1st Class), Laxmangarh, whereby the learned Magistrate has taken cognizance against the petitioners for the offences under Sections 302, 328, 201 and 120-B IPC and declared the petitioners as absconders and committed the case to the Court of Sessions.

(2.) Briefly the facts of the case are that on 26.01.1999, Chandra Ram submitted a report at Police Station, Laxmangarh, District Sikar, wherein he claimed that his son Harlal was married to Vimla, the daughter of Jawahar Singh. During the wedlock, they had a son. He further claims that three days ) ago, he had gone to Khatu Shyamji. He came back home on 26.01.1999. As he was passing in front of the hospital at Sikar, he was informed by Hari Singh Katrathal that last night his son expired in the hospital. He inquired in the hospital where panchayatnama proceeding took place. When he reached home, he came to know that on 25.01.1999, Vimla, alongwith her son, left for i her parental home with her brother, Kailash. When Harlal came to know about this fact, he took Mahaveer, the driver in order to reach his in-laws house at Yalsar. Mahaveer dropped Harlal at Yalsar and came back. Chandra Ram suspected that Jawahara, his wife, Shanti and his daughter, Vimla administered poison to Harlal due to which he expired at about 12:30 in the night. He further stated that Jawahara Ram did not inform the complainant or any of his family members about the sudden death of Harlal. On the basis of this report, a formal FIR was chalked out for offences under Sections 302,328, 201 and 120-B IPC. However, after a thorough investigation, the police submitted a charge-sheet only against Jawahara Ram, but did not submit any charge-sheet against the present petitioners. It is pertinent to note that in the charge-sheet submitted against Jawahara Ram, the police did not claim that the investigation against the present petitioners is kept pending under Section 173(8) Cr.P.C. After the trial, vide judgment dated 19.09.1994, Jawahara Ram was convicted by the learned Additional Sessions Judge, Sikar. Since Jawahara Ram was aggrieved by the said judgment, he filed a criminal appeal before this Court, registered as D.B. Criminal Appeal No. 473/1994. Vide judgment dated 24.02.1996, this Court acquitted Jawahara Ram of all the allegations.

(3.) Subsequently, the complainant Chandra Ram filed a criminal misc. petition, registered as S.B. Criminal Misc. Petition No. 1375/1998, wherein he claimed that the police had kept the investigation pending against the present petitioners and had declared them, as absconders. Therefore, he prayed that this Court should direct the investigation to be completed. Vide judgment dated 15.02.2000, this Court directed the police to complete its investigation against the present petitioners of Bhima Ram, Bhagwana, Mahaveer, Smt. Patasi and Chandra Ba/n on 17.12.2000 and submitted the charge-sheet on 02.01.2001 against the present petitioners. Vide order dated 02.01.2001, the learned Magistrate took cognizance against the present petitioners and committed the case to the Sessions Court. Hence, this petition before this Court.