LALIT KUMAR SHARMA Vs. SMT. KANTA DEVI

JUDGEMENT

(1.) Descending from a common ancestor, Late Sri Sheo Lal, Shiam Sunder & Bhagwan Sahai were the real brothers. Whereas Shiam Sunder was blessed by the Almighty with two sons, namely Gopi Chand and Lallu alias Lalit Kishore (petitioner No. 1), Bhagwan Sahai died issueless leaving behind him his widow. Smt. Suraj Devi (the original complainant, since deceased). The families of both the brothers were living in their ancestral house situate in Baba Harish Chandra Marg, Chand Pole Bazar. Jaipur. Lalit Kishor's son, Ravi Mohan had allegedly been adopted by Bhagwan Sahai and Smt. Suraj Devi. A locker in Johri Bazar Branch of New Bank of India, Jaipur is also stated to have been taken on 16.4.1985 in the joint names of Smt. Suraj Devi & Ravi Mohan to keep the valuables & jewellery of the family in safe custody.

(2.) Late Sri Bhagwan Sahai died on 2.2.85 of some ailment in the local hospital. Just about 15 days before his death Bhagwan Sahai had gone to stay with Smt. Kanta Devi, who happened to be the married daughter of the sister of Bhagwan Sahai's wife Smt. Suraj Devi. Since he died only one day after his return therefrom the petitioners; who are father and son interse, suspected some foul play by Smt. Kanta and her husband Yogendra Kumar in his death. The suspicion was reported to the police whereupon proceedings under section 174 Crimial P.C. were taken but those appear to have finally been terminated with no cation against anybody.

(3.) The death of Bhagwan Sahai left its scars on the interse relations between the adoptive mother Smt. Suraj Devi on the one hand and the adopted son Ravi Mohan and his natural father Lalit Kumar and real brother Himmat Bahadur on the other Smt. Suraj Devi first lodged a FIR on 20.9.87 against the petitioners and Ravi Mohan for their unlocking the joint locker in the Bank and taking away the valuables therefrom Proceedings under section 107/116 Crimial P.C. were started against them. Then on 24.2.88 a FIR was lodged by her against them for taking away some articles from her room. Crime No. 57/88 under section 453, 380 Penal Code was registered but a Final Report was submitted in that case in June 1991. Smt. Suraj Devi then filed a complaint against the petitioners on 8.4.1988 in the court of Addl. Chief Judicial Magistrate No. 5 Jaipur City, Jaipur whereupon the learned Magistrate took cognizance of offences under section 420 read with 120-B I.P.C. and summoned the present petitioners as accused thereunder.