HAJARI RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Special Judge (Women Atrocities) Sri Ganganagar on 26.3.1998 whereby he rejected the application of Hajari Ram (first informant) for taking cognizance under section 319, Crimial P.C. against four respondents No. 2 to 5.

(2.) The short facts of the case are these. On 25.10.1994, Hajari Ram lodged a report at Police Station, Chunawadh, stating that his sister Radha Rani alias Geetadevi was married to Balram but soon after the marriage her husband Balram, mother-in-law Shrangari, sister-in-law Chunna and brothers-in-law Krishna & Om Prakash started ill-treating her and harassing her for bringing dowry. When Rai Singh, son of the first informant went to take Radha, the accused refused to bed her and told that Radha would not go alive from their house. Anyhow, after some time they agreed to send her. While at his house Radha told him that she should not be sent to her father-in-law's house otherwise there are chances of some untoward incident. It was further stated in the report that day before yesterday the five accused persons administered poison to Radha and she has been killed. On this report, a case under section 304-B Penal Code was registered. After the completion of the investigation, the police submitted a challan against Salram only. After the statements of the doctor and Hajari Ram were recorded in the trial Court, an application was moved under section 319 Crimial P.C. to take cognizance against remaining accused persons which was rejected by the learned Special Judge.

(3.) Mr. Punia contends that in the FIR the names of all the accused were mentioned and Hajari Ram also disclosed the names of all the accused in his statement recorded in the trial Court. He points out that according to Hajari Ram, when Rai Singh went to take Radha, he on return informed him that all the five accused had told him that if the items were not sent to them, he would not see Radha alive. He also refers to the report of the FSL on visras taken during post-mortem-examination which indicates that there was presence of Dimethoate insecticide.