NATHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the complainant against the order dated 6.11.2008 passed by the learned District and Sessions Judge, Jaisalmer in Sessions Case No. 55/2008, by which the learned Sessions Judge has dismissed the application filed under Section 193 Cr.P.C. to take cognizance and summon the mother-in-law of the deceased.

(2.) The brief facts of the case for the disposal of this revision petition are as under ;

(3.) It reveals from the record that a report was filed by the complainant on 5.9.2008 at Police Station Sangad, District Jaisalmer stating inter alia that his daughter Kanchan was married to Khemchand. Thereafter, at her in-law's house she was harassed and mal-treated by her husband, father-in-law, mother-in-law and sister-in-law. It was also stated in the report that her father-in-law made attempts to commit rape. She made complaints about this incident to her mother-in-law but it is stated that her mother-in-law and her husband did not give heed to her complaint. It is stated in the said report that mother-in-law was also involved in harassing and mal-treating and demanding dowry. In the report it is also stated that they poured kerosene on her and set her on fire on 31.8.2008 and due to that she succumbed to the burn injuries on 4.11.2008. On his report an F.I.R. No. 4142008 was registered under Sections 498A, 304B and 354 I.P.C. against her husband, father-in-law as well as against mother-in-law and sister-in-law. The police also obtained the dying declaration recorded by Sub-Divisional Magistrate,'Jaisalmer in which she had made allegations also against her father-in-law and mother-in-law. It is revealed from the record that the police, after investigation, only filed challan against her husband and father-in-law under Sections 306, 498-A, 354 and 376/511 I.P.C. The case was then committed to the Court of Sessions. At the stage of framing of charge, on 6.11.2008 the Public Prosecutor filed an application under Section 193 Cr.P.C., stating inter alia that in addition to her husband, and father-in-law, mother-in-law of the deceased Smt. Devki was also involved in the commission of crime. Therefore, a prayer was made that cognizance may also be taken against the mother-in-law Smt. Devki, S/o Chanda Ram and she may be summoned in pending Sessions case.