YASHODA BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 14.11.1991 passed by the learned AddI. Sessions Judge, Bali in Sessions Case No. 63/90 State v. Raga Ram and Ors., whereby he framed charge against the petitioner for the offences u/ss. 302, 307,364,367 read with Sec. 120-B, I.P.C.

(2.) Briefly stated the facts necessary for the disposal of this revision petition are that on 26.7.1990, petitioners husband, co-accused Heera Chand (now expired) lodged a First Information Report at Police Station, Rani alleging that on 25.7.1990, at his shop, he received information that his house was lying open and that his four daughters viz; Mamta, Pinky, Baby and Poonam had disappeared. He further alleged that despite search, his daughters could not be trace4 out. He, therefore, requested the police to make a search for his missing girls. It appears that on the same day i.e. 26.7.1990 at about 8 P.M., Dy. Superintendent of Police, Bali received information that some unknown person had kidnapped those girls to commit some offence. Thereupon, Crime No. 59/90 was registered for the offences u/ ss. 363, 365 and 366, I.P.C. at Police Station, Rani. On 27.7.1990, a radiogram message was received from Gujrat Police that four girls residents of village Rani have been admitted in the hospital by S.H.O., P.S., Amirgarh (Gujrat). Thereupon, the S.H.O., P.S., Rani went to Civil Hospital, Ahmedabad, where the missing three girls namely Poonam, Pinky and Baby, aged 11, 14 and 13 years respectively, who had received injuries, were admitted as indoor patients. However, the fourth girl Kumari Mamta aged fifteen years had succumbed to her injuries. A case u/ss. 307 and 302, I.P.C. was registered at Police Station, Amirgarh. After consultation with the higher authorities, it was considered proper that since initially the offence was commitled in the jurisdiction of Police Station Rani, all papers regarding the investigation conducted by the Gujrat Police including the site inspection, recovery of blood stained earth and articles lying on the spot, of Pane hay at Namas, post mortem examination reports etc. be handed-over to the S.H.O., P.S., Rani. During the course of investigation, it transpired that petitioner Smt. Yashoda Bai, who is the mother of aforementioned girls had illicit relation with one Vidhya Sagar and that co-accused Heera Chand, father of those girls also knew about her illicit relations. It further transpired that co-accused Heera Chand was sexually weak, that he also believed that those four girls were not begotten by him; that he did not want to bear their marriage expenses, therefore, he wanted to eliminate them. From the investigation, it funher transpired that the petitioner alongwith her husband Heera Chand enlered into a criminal conspiracy wilh co-accused Vaga Rani and Ognd Ram Kumhnr to commit the murder of afore mention four girls and that in pursuance of the said conspiracy on 25.7.1990, Heera chand asked his daughters to take leave from theirT respective schools and to accompany his friend co-accused Vaga Ram to visit Parshu Ram Mahadev, a pilgrim, situated on the hills in Gujrat State. It is the case of the prosecution that on 25.7.1990, coaccused Vaga Ram and Ogad Ram entrained alongwith those girls from Rani Railway Station, reached Abu Road and thereafter hired a jeep for gQing to Parshu Ram Mahadev. It is further the case of the prosecution that Heera Chand, who was running a medical store, had given valieum tablets to Vaga Ram and instructed his daughters that since journey to Parshu Ram MahadevT on the hills was arduous, and they should take those tablets so that they may not feel tired. It is further the case of the prosecution that in the night of 25.7.1990, co-accused Vaga Ram and Ogad Ram, who were allegedly hired by Heera Chand and that the petitioner for an amount of Rs. 40,000/-, gave the said tablets to tbose girls, who felt giddiness and fell down. It is alleged that thereupon Vaga Ram and Ogad Ram committed the murder of Mamta aged about 15 years on the hill and also caused grievous injuries to other three sisters by inDicting stone blows and that on the next day morning, some villagers noticed those girls lying injured, informed the police and thereupon they were taken to the hospital.

(3.) After completion of the investigation, the police submitted a chargesheet against petitioner, Heem Chand, Vaga Ram and Ogad Ram in the court of the Magistrate, who committed the case to the learned AddI. Sessions Judge, Bali.