LADU RAM Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner complainant has approached this Court by way of this revision for challenging the order dated 5.12.2014 passed by the learned Special Judge, Woman Atrocities Act Cases cum Additional Sessions Judge, Sri Ganganagar in Sessions Case No.64/2013 whereby, the application preferred by the prosecution under Section 319 Cr.P.C. for summoning the respondents no.2 to 5 as additional accused to face trial with the previously charge- sheeted accused Ram Kumar was rejected.

(2.) I have heard the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the respondents no.2 to 5 and have gone through the impugned order as well as challan papers.

(3.) Facts in brief are that Ram Kumar the principal accused was married to Smt. Manju sister of the petitioner complainant on 10.5.2006. Wholesome dowry was given in the marriage but the matrimonial relatives of Manju were not satisfied with the same. Ram Kumar and Smt. Manju were living together in the joint household at Bikaner. Smt.Manju was allegedly harassed and humiliated and tortured by Ram Kumar her husband, Santram father-in-law, Girdwari mother-in-law, Rakesh brother-in-law and Amichand maternal uncle (Mama) of Ram Kumar on account of demand of dowry. She complained of this maltreatment to the petitioner who requested her inlaws not to harass the girl. Ram Kumar joined coaching at Jaipur to train the C.A. course and took Smt. Manju with him about a couple of months before the incident. When she came to her parent's home at Shyamgarh on the occasion of Raksha Bandhan, she confided in her brother, the petitioner herein that she was being harassed at the matrimonial home. Ram Kumar was confronted with these allegations on which he assured that he would take proper care of Smt.Manju. On the day next to Raksha Bandhan, Ram Kumar took Smt. Manju to Jaipur. On 6.8.2012, the petitioner's maternal grand father expired and Smt. Manju as well as Ram Kumar came down to Shyamgarh for attending condolence on the 12 th day. Ram Kumar returned leaving Smt. Manju behind. She stayed at her father's house from 17.8.2012 till 30.8.2012. During this period, she again complained that she was being harassed and humiliated in the maternal home by Ram Kumar husband, Santram father-in-law, Girdwari mother- in-law, Rakesh brother-in-law and Amichand maternal uncle (Mama) of Ram Kumar. She was being taunted that Ram Kumar was preparing for CA examination and thus, he would become highly qualified and on this ground, she was pressurized to bring more dowry from her maternals. The girl refused on which she was threatened that Ram Kumar would leave her and marry another woman. She also confided with the petitioner that Ram Kumar was not desirous of having children. On 30.8.2012, Manju's father-in-law and mother-in-law came to the petitioner's dhani and took Manju back to the matrimonial home. On 1.9.2012 in the evening at about 8:30, Manju called the petitioner and told him that her husband had called her and talked to her in an abusive manner. She was threatened that she should bring a car from her maternals or else, he would leave her and marry another girl. Thereafter, her mother-in-law, father-in-law and brother-in-law started taunting Manju in relation to the same demand. She was not given food. The first informant petitioner received a call from Santram on 2.9.2012 at around 10:30 to 10:45 AM that Manju was not at home. On this, he along with his other relatives rushed to her matrimonial home at Village 12AS and saw that Manju's dead body was lying in the water tank constructed in the field of Santram. The petitioner lodged a report at the P.S. Ramsinghpura alleging inter alia that Manju was done to death in her matrimonial home by the accused persons because she failed to meet the demand of dowry made by the accused. It was mentioned in the report that on the previous day, the husband Ram Kumar called his mother Smt.Girdwari and hatched a conspiracy to kill Manju so that he could remarry and in furtherance of this design, the accused killed Manju by throwing her into the Diggy.