HAZARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have perused the record of the trial Court. The statements of the witnesses recorded Under Section 161, Cr.P.C. and some letters alleged to have been written by Hazarilal and the deceased Smt. Asha Devi were also read over to me.

(2.) THE police has submitted challan against Hazarilal, Banwarilal, Om Prakash Under Section 306, IPC. The facts as alleged by the prosecution are that the deceased Smt. Asha Devi was the married wife of Omprakash. A report was lodged on 2 -8 -83 at 2 p.m. at the police station by Omprakash son of Bharat Lal to the effect that at 7.30 a.m. he left his house for going to his office, and his wife was all alone at the house. At 11 a.m. Subhash informed him that his wife has been burnt at his house. He came to the house along with 3 -4 persons and saw that his wife was burning inside the house, the room was locked from inside and hearing the cries Mohallawalas broke open the door and saw that Smt. Asha Devi was lying on the ground with burns. On the report, the ASI, Narendra Singh came to the spot and prepared inspection note and Panchnama of the dead body. It was found that Asha Devi closed herself inside the room and locked the room from inside. On account of the family dispute with her husband Omprakash, who used to harass her, she poured Kerosene oil on her and committed suicide. The matter was investigated and it was found that Smt. Asha Devi was married to Omprakash in the year 1982. Since her marriage, the members of her father -in -law's house used to harass her on the question of dowry. She was being harassed by her husband Omprakash, Banwarilal and Hazarilal. They used to tell her that she did not bring dowry with her. On account of harassment, she bolted the room from inside, poured kerosene oil on her body and committed suicide by burning herself. With these allegations the charge sheet has been submitted.

(3.) MR . Dhankar learned counsel for the petitioner contends that there is no case made out against the present petitioners Hazarilal and Banwarilal. There should be some sort of evidence against them that they are responsible for committing suicide by Smt. Asha Devi.