HAR LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By way of this revision petition petitioner Har Lal, complainant before the trial Court has challenged the legality of the Order dt. 07.04.2010 passed by the learned Addl. District & Sessions Judge, [First Track] No. l, Bikaner by which the learned trial Court dismissed the application filed by the petitioner under Sec. 319 of the Cr.P.C. wherein prayer of petitioner was for taking cognizance against non-petitioner No.2 to 4, i.e. Trilok Chand S/o Keshu Ram, Smt. Sayari W/o Trilok Chand and Hukum Chand S/o Trilok Chand, under Secs. 498-A and 306 IPC.

(2.) The case of the prosecution is that a First Information Report was lodged by the petitioner Har Lal in the Police Station Women, Bikaner on 27.06.2009 at 12.30 PM lodged a written report alleging that his three daughters have got married in the family of Trilok Chand. He further stated that after two months of marriage of her two daughters Pushpa and Suchitra, time and again they were harrased for demand of dowry by their in laws. He further stated that that in the Year 2007 he filed a case against the in laws of his daughters and after the compromise the same was with drawn and his daughters were sent to their in laws house and after two months of compromise in laws of Pushpa and Suchitra were again demand the dowry. On 26.06.2009. a call made by Pushpa through which she informed that again demand of dowry i.e. for cash amount and motor cycle is demanded by her in laws. Her Lal further stated in his written report that he sent his son Dinesh to the house of Pushpa where Dinesh saw' that his sister was beaten by her in laws namely Rajendra, Smt. Sayari Devi, Heera Lal, Smt. Anchu Devi, Trilok Chand and Hukum Chand. At about 4.00 PM Pushpa again called at her maternal house and informed her' maternal that her in law's are making a plan to kill her. On this information, complainant along with 4-5 persons went to Rani Bazar, there they came to know that Pushpa has been burnt by pouring kerosene and she was admitted to PBM Hospital, Bikaner where she was in in conscious position and at about 10.00 PM she died, was received. On the basis of that report, a Sessions Case No. 3/2010 was registered at Police Station Women and investigating commenced. After investigation, police filed charge sheet against three accused persons namely Rajendra, Heera Lal, Smt. Anandu leaving behind three persons namely Trilok Chand, Sayari and Hukum Chand whose names were there in the First information Report.

(3.) All the three accused persons namely Rajendra, Heera Lal, Smt. Anandu were tried by the learned trial Court and after recording the evidence of 24 prosecution witnesses, complainant Har Lal filed an application under Sec. 319 Cr.P.C. and by way of impugned Order dt. 07.04.2010, the learned trial Court dismissed above application.