ASHOK KHURANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON the statement of Smt. Janak Kanwar dt. 14. 3. 93 recorded by the S. D. M. Suratgarh at 12. 30 P. M. F. I. R. No. 78/93 was registered under sec. 309 IPC at Police Station Pilibanga. This statement was recorded in the presence of Dr. V. P. Beniwal. In her statement, Smt. Janak Kanwar had stated that she was married to Prem Arora on 1-6-90 that her husband used to run a medical shop but thereafter he was unemployed and was working with some R. N. F. Doctor. She further stated that she was not at good terms with her mother-in-law, that since her-husband was unemployed and she was under the financial stress, she poured kerosene oil an her body and lit fire to her. She also stated that her husband tried to extinguish the fire. Her brother-in-law (Nanadoi), who was living nearby their house was also not at good terms with her. Since the condition of Smt. Janak Kanwar was precarious, she was taken to Ram Manoher Lohiya Hospital, Delhi, where on 16-3-93 her dying declaration was recorded by S. D. M. , Delhi. In her dying declaration, Smt. Janak Kanwar stated that her mother-in-law Rukmani and sister-in-law Bhago (Jethani) used to harass and force her to bring more dowry. She also stated that Rukmani and Bhago had our poured the kerosene oil on her body and that her husband came to extinguish the fire therefore she die on the same day. ON 16-3-93, Smt. Janak Kanwar's Brother Prem Kumar lodged a written report on which F. I. R. No. 79/93 under Secs. 498-A and 304-B IPC was registered against Prem, Kumar Rukmani Bhago and nine others including the present seven petitioners. However, after investigation challan was filed against Prem Kumar, Rukmani, and Bhago only in the Court and as against the petitioners and other persons, it was mentioned that investigation was point on under Sec. 173 (8)Cr. P. C.

(2.) PETITIONERS are 'nanads' and 'nanadois' of the deceased. Deceased Smt. Janak Kanwar in her statements dt. 15. 3. 93 and 16. 3. 93 did not implead any of them nor assign any specific over tract on their part. .