GHASI RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By this application under sections 401 and 482 of the Criminal Procedure Code, accused Ghasiram has invoked the revisional and inherent powers of this Court for quashing the entire proceedings in Sessions Case No. 27 of 1982 on the file of the learned Additional Sessions Judge (1), Hanumangarh and in alternative to cancel the charge framed therein against him under Sec. 302, I.P.C.

(2.) In order to properly appreciate the contentions of the accused, it is necessary to briefly notice the prosecution case. The deceased victim Mst. Guddi was the daughter of Kesraram Jat, but was brought up in village Maniyawali by her maternal uncles Arjunram, Lekhram and Rampratap. She was married to the accused nearly 2 or 21/2 years before her death on 19.8.1981. The marriage was performed by her maternal uncles. The accused and his parents (Asharam and Mst. Rukhma) did not treat her kindly. They used to beat and torture her. On the Teej festival in 1981, her maternal uncles took her to their village. She told them how she was ill-treated by the accused and his parents. After some days, accused's father Asharam went to bring her back. The maternal uncles refused to send her due to the inhuman treatment. Asharam assured them that no cruel treatment would be there in future with her. Taking the assurance to be genuine, the maternal uncles sent Guddi with Asharam. They also sent their nephew Bilwant and servant Sehabram with her. When they reached the accuseds house in village Kalwasiya, his mother Mst. Rukhma started abusing and threatened her of dire consequences.

(3.) In the noon of 19.8.81, she was seen in flames in the court-yard of the house. Hearing the noise, the neighbours Maniram, Loonaram and Surjaram and, others went there. They poured water on her. She fell down and was placed on a cot. The accused's elder brother Hariran went to village Maniyawali and informed her maternal uncles. Her maternal uncles Lekhram and Rampratap came in a jeep. They asked Guddi as to what had happened with her. She told them that her husband and parents-in-law sprinkled Kerosene Oil on her and set fire. They put her in the jeep and left for Government Hospital, Sadulsahar. But she did not survive and breathed her last in the way. Arjunram, who was at Ganganagar on that day, when apprised of the incident, came to the hospital and ascertained the facts of her death from his brothers. He then went to police station, Sadulsahar and lodged a report of the incident at about 8.15 p.m. on the same day. The police registered a case under section 302, IPC against the accused and his parents. After investigation, the police submitted a challan in the court of the Judicial Magistrate, Hanumangarh only against the husband (accused) and that too for an offence under section 306, IPC. The learned Magistrate committed the case for trial to the court of the Additional Sessions Judge (1). Hanumangarh. An application was submitted before him by Arjunram on 18.5.82 praying there in that (I) The parents of the " accused viz. Asharam and Mst. Rukhma be summoned to face trial as Guddi was burnt by all of them, and (2) Charge under section 302, Penal Code be framed against all of them instead of that under section 306, IPC.