RAJAN BHANOT AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Since all these petitions arise out of F.I.R. No. 506/97 registered at and pending investigation with the Police Station, Chopasani Housing Board, Jodhpur and, therefore, they are being disposed of by this common order.

(2.) For disposal of these petitions briefly stated the facts of the case are that Abdul Shakoor first informant who lodged written report at the said Police Station on 5-12-97 at 4.15 p.m. alleged that his daughter Nisha (since deceased) aged 21-22 years was in love with Subhash son of the accused-petitioner Krishna Kumar, and in the mid of 1997, Subhash and Smt. Nisha celebrated their marriage before Arya Samaj , Ajmer and, subsequently, since Smt. Nisha, on her examination by the Addl. Chief Judicial Magistrate No. 3, Jodhpur, expressed her willingness to live with her husband Subhash and so the parties of Smt. Nisha were reconciled to inter religious marriage of Smt. Nisha with Subhash and hence Smt. Nisha started living with her husband Subhash who is living with his father Krishna Kumar and mother Smt. Kamala. The accused-petitioner Ranjan Bhanot is elder brother of Subhash and the accused-non-petitioner Smt. Chetana is his wife who were residing in the immediate neighbourhood of Abdul Shakoor in the Chopasani Housing Board Colony whereas Krishna Kumar along with Smt. Kamala and Subhash was residing in Kudi Bhagtasani Housing Board Colony in House No. 18/771.

(3.) It is alleged that the parents as well as brother and sister-in-law of Subhash were not reconciled to this marriage and, when love affair of Subhash and Nisha lastly culminated into a celebrated marriage, though Smt. Nisha started living with her husband living with his parents but the accused-petitioner Rajan and his wife always instigated parents of Subhash and, consequently, all of them started harassing, taunting and meeting out inhuman and cruel treatment always on the ground that she should prevail upon her parents to give dowry at least to the extent to the value of Rs. 70,000/- and since, as expected, she had married with Subhash much against their wishes and she had come with empty handed without any dowry etc. and so she had been at times kept hungry and also subjected to physical and mental tortures and, lastly, when the developments went out of tolerance. Smt. Nisha lodged a report for offences under Section 498A, I.P.C. on 7-4-97 at the Police Station, Jodhpur and, consequently, F.I.R. No. 266/97 under Section 498A was registered in which Subhash was also arrested and subsequently bailed out and this further aggravated the adverse circumstances and, lastly, Smt. Nisha was forced to have taken shelter at the residence of Soorta Ram, an acquaint and intimate of Abdul Shakoor and so Smt. Nisha was again taken to the house of her parents. Lastly, it was on 5-12-97 itself that at about in the afternoon, Smt. Nisha committed suicide by hanging from a fan-hook fixed in the ceiling resulting in her asphyxial death.