MISHRIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the order dated 24.11.1993 passed by the learned Special Judge, SC & ST (Prevention of Atrocities) Act, Cases, Pali, whereby she framed charge for offence under section 304-B IPC against all the petitioners.

(2.) Briefly stated the prosecution case is that deceased Smt. Kankuri daughter of Khima Ghanchi was married to petitioner Mishriya sometime in the year 1984. On the same day petitioner Mishriyas sister Smt. Gavari was married in exchange (Anta-Santa) to Damariya, the brother of deceased Smt. Kankuri. The Maklawa of the deceased was performed sometime in the year 1989. It is alleged that Smt. Kankuri was being maltreated and harassed by petitioners Mishriya, Gheesa Ram and Smt. Pemi, the father-in-law and mother-in-law respectively of the deceased, they used to tell her that she was a lady of easy virtue and as such they would not keep her in their house. It is further the case of the prosecution that for last six months prior to the alleged incident, which took place on 29.4.1990, Smt. Kankuri was living at her parents house situated in village Bussi. The petitioners house is also situated in their hemlet (Dhani) near the boundary of village Bussi. Smt. Gavari had delivered a baby child about three months prior to the incident and as such she was also living at her parents house. On 29.4.1990, petitioner Mishriya came to his-in-lawTs house to fetch his wife Smt. Kankuri (deceased), who was reluctant to go to her in-laws house. However, her parents namely Khima and Smt. Phuli persuaded her to go with Mishriya, because they apprehended that in case she did not go to petitioners house, their daughter Smt. Gavari will also not be sent to her husband DamariyaTs house. Ultimately on 29.4.1990 at about 10 a.m. Khima and Smt. Phuli performed Vida of Smt. Kankuri. Her brother Damariya took her on a bicycle, while petitioner Mishriya followed them on foot. After leaving Smt. Kankuri at her in-laws house, Damariya came back on the same day. It is the case of the prosecution that Smt. Kankuri died in the night of 29.4 .1990 as she had consumed some poison. Khima Ram lodged a report of the said incident on 1.5.1990 at 9.00 a.m. at Police Station Gude Endla, where a case under sections 498A & 306 IPC was registered. The Dy. SP, who conducted the investigation in this case prepared the site plans of the Dhani as also the house of petitioners, seized samples of vomit stained soil and control soil therefrom. He also prepared the memo of the dead body of Smt. Kankuri. The Medical Board consisting of three doctors, conducted the post-mortem examination of the dead body of Smt. Kankuri. The doctors did not notice any external injury on her body. They preserved and scaled the visceras containing her liver, lungs, spleen, kidney as also the stomach and its contents and piece of small intestine in two bottles, which were sent to the State Forensic Science Laboratory for chemical and histopathological examination. The Medical Board tentatively opined that the cause of death of the deceased apeared to be due to poisoning. However, the final opinion was reserved. The Assistant Director, State Forensic Science Laboratory vide his report dated 26.3.1000 opined that the portions of visceras of the deceased and the vomitted soil gave positive test for the presence of monocrotophos insecticide. During investigation it also transpired that deceased Smt. Kankuri had vomitted twice on the day of incident just before her Vida, that thereafter she had vomitted twice in the way, when she was being taken by her brother Damariya on a bicycle and that thereafter she again vomitted in the TDhani of Mishriya and ultimately died on the same day. It further transpired from investigation that Smt. Kankuri had taken the said insecticide at her parents house. After completion of the investigation, the police submitted the challan against the petitioners for the offences under sections 498-A & 306 IPC only in the court of Chief Judicial Magistrate, Pali, who in turn committed the case to the learned Sessions Judge, Pali. Ultimately the case was transferred to the files of the learned Special Judge, SC & ST (Prevention of Atrocities) Act, Cases Cum Additional Sessions Judge, Pali, After hearing petitioners and the learned Public Prosecutor and perusing the challan papers, the learned trial Judge by her impugned order dated 24.11.1993 ordered for framing charge for the offence under section 304-B IPC only against the petitioners and on the same day the charge was framed. Hence this revision petition.

(3.) I have heard Mr. N.S. Charan, the learned counsel for the petitioners, Mr. H.R. Panwar, the learned Public Prosecutor at length and carefully perused the record of the lower court and challan papers.