GYAN PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) This revision petition has been filed by the petitioner complainant against the impugned order dated 19.8.2008 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Nagore in Sessions Case No. 24/2008 whereby the learned Judge has framed charges against the accused-respondents No. 2 to 4 for the offence under Sections 498A and 304B I.P.C. but declined to frame alternate charge under Section 302 I.P.C., as prayed by him.

(3.) The brief facts of the case, which are relevant for the disposal of this revision are that on 28.2.2008 at about 00.30AM, father of deceased Gyan Prakash lodged an F.I.R. at P.S. Bhawanda, District Nagore, alleging inter alia that his daughter-Anita was married to Chandra Prakash S/o Ramu Ram (respondent No. 2) about 2 years back and at the time of marriage, he gave sufficient dowry but just after 2-3 months of marriage, the in-laws' of his daughter started harassing and ill-treating his daughter for demand of more dowry. The complainant/first informant, further alleged that because of non-fulfilment of their demands, his daughter was turned out of the matrimonial home. Thereafter, on the birth of one female child, a demand of Rs. 50,000/- was raised, else she was refused to be taken back. He further alleged that the accused persons i.e. the in-laws herein, often used to quarrel and beat his daughter. Further a 'panchayat' was held and the people of in-laws' side were reprimanded for quarreling and harassing their daughter-in-law and on the very next day of 'panchayat', on 27.2.2008, it was alleged that at around 10.00 AM kerosene was poured on her daughter by her mother-in-law and the husband of deceased-Chandra Prakash lit matchstick. The complainant alleged that the father-in-law Ramu Ram, two sister-in-laws and their husbands also participated in the act and were fully involved, as they asked to pour more kerosene on the person of deceased. Furthermore, the complainant alleged that no information as regards the incident was ever conveyed by the in-laws and on the message given by somebody over phone, he straightaway came to Burn Unit of Mahatma Gandhi Hospital, Jodhpur and saw his daughter in badly burnt condition. She was pregnant at that time about four months. Thus, it was alleged that the accused persons have committed duel murder, as such, action be taken against them.