ASHOK DHARIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision Under Section 397 and 401 Cr.P.C. has been directed against the order of the learned Sessions Judge, Jodhpur, dated 15 -4 -83 by which charges under various provisions of the Indian Penal Code have been framed against the accused petitioners with a prayer that the charges may be quashed.

(2.) THE prosecution story briefly stated is that the accused Ashok, his father Kanmal, his sister Lalita and the other members of the family, were dissatisfied with the dowery brought by the deceased Smt. Hansa wife of Ashok and were, therefore, illtreating and torturing her to compel her to bring some more money and ornaments from her father. This resulted in Hansa's falling ill. She was got treated at the various dispensaries and hospital and was then taken to her brother's place. It was suspected that she may have been a victim of slow poisoning. Hansa is said to have been complaining against her -in -laws about the illtreatment meted out to her and had also written letters to her father in this respect. While Hansa was at her brother's house and was not still well, the accused persons are said to have insisted upon sending her back to their house and on her joining her duty (she was employed in Commercial Taxes Department), early. This was resisted by her brother Kailash Chand. Then on 24 -4 -81 Hansa was called by her -in -laws on the pretex that they wanted to go to Nakodaji and wanted her to accompany them there. However, they actually did not go to Nakodaji. The prosecution story further is that in the night between 27th and 28th April 1981. Hansa was burnt by the accused persons in pursuance of a conspiracy between them and Amrit Raj, brother of Kamal. On hearing Hansa's cries people collected and then she was taken to the hospital by Kamal and Lalita in a auto rickshaw driven by Ganpatlal Chauhan. Accused Asbok is said to have stayed back at home at that time. It is also alleged that Ashok had also received burnt injuries on his hands and other parts of the body. On the way to the hospital, Hansa is said to have stated eq

(3.) I have heard the learned counsel for the petitioners and the learned Public Prosecutor and have gone through the record.