BHOORI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE both the aforesaid petitions filed under Section 439 of Cr. P. C. , arise out of and pertain to FIR No. 64/2009 of police station malpura, District Tonk registered in the offences under Sections 306 and 498-A of IPC, they are being disposed of by this common order.

(2.) HEARD the learned counsel for the petitioners and learned Public Prosecutor appearing for the State and perused the material on record.

(3.) LEARNED counsel for the petitioners has canvassed that Smt. Dhanni Devi committed suicide and finished life of her own on 19. 03. 2009. The mother, father and other members of the family of the deceased Dhanni Devi gave in writing on the very day to the Station House officer, police station Malpura that they had no suspicion about the cause of her death and the petitioners were not liable for her death. The matter was inquired into under Section 174 and 176 by the police as also by the Executive magistrate but nothing emerged therein against the petitioners. It is after 36 days of the death of Dhanni Devi her parents lodged a private complaint in the court which was sent for investigation under Section 156 (3) of cr. P. C. and the police in connivance with the complainant party, has roped in all the members of the family. The petitioners have been falsely implicated whereas, they are totally innocent, as such, they may be granted indulgence of bail.