PRAFULLA CHAND & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Sec. 439, Crimial P.C. on behalf of the accused-petitioners.

(2.) On 21st Jan., 1992, a written report was lodged at the Police Station, Vigyan Nagar, Kota by Purushottam Khandelwal with the allegations that his daughter Sangeeta was married to Rakesh Khandelwal on 27th Nov. 1991. The allegations have been levelled against the accused-petitioners that they were dis-satisfied with the items which have been given in marriage by the author of the FIR. He came to know through one of his relatives in the morning that the day before 21st Jan., 1992 his daughter Sangeeta had been killed at the house of her in laws and, thereupon he rushed to Kota in a taxi. He was told by the in-laws that Sangeeta has died of poisoning. He has mentioned in the First Information Report that, in fact, her daughter has been murdered as the people had informed him that Sangeeta's husband Rakesh had taken her to the market a day before and had given poison to her in the betel and, as a result of the same Sangeeta died and that Sangeeta has not committed suicide. It has been alleged that his daughter Sangeeta has been murdered as a result of conspiracy between Sangeeta's husband Rakesh Khandelwal and his parents and his brother and sister. On these allegations, the First Information Report was filed which was registered at No. 33/92 under Sections 304-B, 498-A and 120-B, IPC. The present accused petitioners were taken into custody and their bail application was rejected by the Sessions Judge, Kota on 19th Feb., 1992.

(3.) Shri Bajwa has argued that at the most it is a plain and simple case under Sec. 302, Penal Code and, in view of the specific allegations in the First Information Report that Sangeeta has died as a result of the poison given to her in the betel by Rakesh Khandelwal, the present accused-petitioners who are father-in-law and mother-in-law, cannot be involved in this case with reference to Sections 304-B, 498-A and 120-B, IPC. According to Shri Brjwa, it is a case which involves no criminal liability against the present accused-petitioners and Rakesh Khandelwal who is the husband of Sangeeta and who had given poison to Sangeeta in the betel is only liable. The post-mortem report shows that on chemical examination of viscera, there is positive result showing presence of aluminium phosphide.