VIMLA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The complainant Vimla Devi has approached this Court by way of this misc. petition under Sec. 482 Cr.P.C. seeking to assail the order dtd. 16/4/2012 passed by the learned Additional Sessions Judge, Anoopgarh, District Sri Ganganagar dismissing revision No. 93/2011 preferred by the petitioner and affirming the order dtd. 19/8/2011 passed by the learned Additional Chief Judicial Magistrate, Anoopgarh, District Sri Ganganagar accepting the negative Final Report No. 204/2010 submitted by the investigating officer of Police Station Ramsinghpur, District Sri Ganganagar after investigation of the FIR No. 152/2010 registered for the offences under Sec. 302 of the IPC and Sec. 3 of the SC/ST (Prevention of Atrocities) Act.

(2.) Brief facts relevant and essential for decision of this misc. petition are noted herein below.

(3.) The petitioner complainant lodged a complaint in the Court of the learned ACJM, Anoopgarh on 2/8/2010 alleging inter alia that the accused Munshi Ram came to their house with his tractor on 21/7/2010 in the morning at about 8/0/8.30 AM. and requested her husband Chanduram to accompany him to procure seeds from Ramsinghpur. Her husband accompanied the accused on his tractor and both proceeded towards Ramsinghpur. At about 12 O' Clock, her husband got a call from Minta Singh son of Amrik Singh, resident of 57 GB requesting him for a belt and pulley to operate the pump on tube-well. Her husband told Minta Singh that he should proceed towards the field and he would be arriving there with the accused Munshi Ram on his tractor and would hand over the belt and the pulley. Minta Singh informed the complainant that he was proceeding towards the field in the Chak 16 A.S. when he saw Chanduram sitting on the "Inter" tractor which was being driven by Munshi Ram. At that time, these persons were at a distance of about 2 Murabbas from the Anoopgarh Branch Canal and both were in an inebriated state. Chanduram signaled Minta Singh to proceed further indicating that they would follow him from behind. Minta Singh came to their house and asked the complainant and her son regarding the whereabouts of Chanduram on which, they replied that he had not returned. Minta Singh took the pulley and the belt and went away. At about 3 O' Clock, Vinod, son of complainant, called Munshi Ram and asked him the whereabouts of Chanduram to which he replied that he had dropped off Chanduram at a distance of one Murabba from the Anoopgarh Canal and that he was unaware as to what happened thereafter. On the next day, Munshiram called Vinod to his house and asked him to assist in the search of Chanduram. Vinod, who was a naive young boy, was taken to a few villages. Then he was taken to the Ramsinghpur Mandi where he was made to sign some documents by keeping him in dark. Munshi Ram once again took Vinod and the complainant's brother to look out for Chanduram. On 24/7/2010, the dead body of Chanduram was found on the outlet of the canal at Point 8/9 K.N.D. The police was called. Munshi Ram manipulated all these proceedings. They later came to know that Munshi Ram had killed Chanduram by driving the tractor over him and then the dead body was thrown into the canal. Police was influenced by Shri Munshi Ram in order to mislead the direction of investigation. She further alleged that a month earlier, Munshi Ram illegally deprived them of irrigation facility on which, her husband filed a case against Munshi Ram who threatened to take revenge and as a culmination of this enmity, Chanduram was murdered by Munshi Ram. The police acted under the influence of the accused even while undertaking proceedings under Sec. 174 Cr.P.C. Her son submitted an application with true facts before the Dy. S.P. Anoopgarh who also did not take action thereupon. Upon which, the complainant was compelled to file the complaint in the court.