RAJVEER SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have filed this petition under Sec. 482 Crimial P.C. praying that the order of the learned Munsiff and Judl. Magistrate, No. 1, Bharatpur, dated 10th Sept. 1990, and confirmed by the learned Addl. Sessions Judge, No.1, Bharatpur, dated 25th March, 1991, taking cognizance of offence under Sections 302 and 498-A Penal Code against Lekhraj, Fatehsingh, Premvati and Rajveer, be quashed.

(2.) The brief facts leading to this petition are that Mst. Sunita, wife of accused Lekhraj, was admitted to General Hospital, Bharatpur, in the night intervening between 16th/17th June, 1989, with burn injuries on her person. She succumbed to the injuries and the Medico Legal Jurist, informed the police of this un-natural death. Consequently, the City Magistrate, Bharatpur, held an enquiry as contemplated by S. 174 Crimial P.C. During the course of that enquiry, statement of Sohan Singh, the father of the deceased Sunita, was recorded. According to this statement she was married with accused Lekhraj, on 2nd May, 1982, according to Hindu rites and had given birth to the male children. No dispute in the in-law's house was reported by her nor she ever reported that she had any quarrel with any member of his in-law's family. She was living happily with accused Lekhraj. On 17th July, 1989, Sunita's brother-in-law, (Devar) arrived at his place and informed that she has sustained burns on which he arrived at Bharatpur, Hospital, where Sunita, expired. He was unable to say as to how she sustained the burns. The statements of other persons were also recorded and the post-mortem was got conducted and the dead-body was handed-over to the husband for cremation.

(3.) On 18th June 1989, Shri Sohan Singh, lodged report at Police Station, Kumher, where-in he alleged that ever since his daughter married, her father-in-law Fateh Singh, and her husband Lekhraj, used to demand dowry and he being unable to give, she was mal-treated. On 16th June, 1989, he sent a message that the arrangement could not be made for money on which they got annoyed with Sunita and she was beaten by her mother-in-law Prema, father-in-law Fateh Singh, husband Lekhraj and brother-in-law Rajveer. On the same night, he alongwith his younger brother Vinod, was sleeping outside the house of Sunita and heard the cries of Sunita. When they rushed to the spot they found that the aforesaid 4 persons were sprinkling diesel on her and Fateh Singh, lit the file, as a result of which Sunita, got burns. He then took Sunita to the hospital where she succumbed to the injuries. On receipt of this report a case under Sec. 498-A and 302 Penal Code was registered. After investigation, the Deputy S.P. found that no case is made-out and, therefore, submitted the final report. The learned Magistrate, ordered further investigation in the matter and the Addl. S. P. Bharatpur, re-investigated the case and recorded the statements of certain witnesses as was directed by the learned Magistrate. The Addl. S.P. Bharatpur, submitted the charge-sheet against the accused Lekhraj alone, for offence under Ss. 306 and 498-A of the IPC. Accused Lekhraj, was arrested, who was thereafter bailed-out by the Court.