FULWATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr. Revision is directed against the order impugned dated 20.06.2009 passed by the Additional Sessions Judge, F.T.C.-I, Garhwa in Sessions Trial No. 246 of 2008 arising out of Dhurki P.S. Case No. 11 of 2004 by which the petition filed on behalf of the petitioner for her discharge under Section 227 Code of Criminal Procedure was rejected for the alleged offence under Section 302 r/w Section 109 of the Indian Penal Code.

(2.) The prosecution story in short was that the informant Rajendra Prasad Yadav had married his cousin (sister) Binda Devi in his own village with the accused Manick Chand Yadav. Since the father of Binda Devi was dead so the informant being the cousin brother had borne all the marriage expenses incurred in the marriage ceremony and thereafter Binda Devi came to her matrimonial home with her husband Manick Chand Yadav in the same village. Whenever the informant visited her she used to complain that her husband had been demanding Rs. 25,000/- to be brought from her widow mother to start a business of his own but as her mother was incapable, her husband used to assault her. The informant tried to pacify and resolve the dispute and also requested his brother-in-law to live peacefully but of no avail. On 05.05.2004 he was informed by one Lallu Yadav that his cousin; (sister) was dead. On such information, the informant went there and found her lying dead in her matrimonial home. Within span of four years of her marriage she had no issue from the wedlock and as the mother of the deceased was living at the distance of about 200 k.m. in the State of Chhatishgarh, the informant was in difficult situation to call for her and then he instituted police case. The informant narrated that he found blood clot like injury near the chin and nose of the deceased and blood was oozing out from her nostrils.

(3.) The case was initially instituted against the husband for the alleged offence under Section 304B of the Indian Penal Code. However, in course of investigation, the informant in his restatement before the Investigating Officer narrated that Manick Chand Yadav i.e. the husband of the deceased had illicit relationship with the petitioner Fulwati Devi @ Fulvati Devi and she used to instigate Manick Chand Yadav to beat his wife. About two days prior to the alleged occurrence Manick Chand Yadav had assaulted and beaten Binda Devi on the instigation of Fulwati Devi @ Fulvati Devi. He further alleged that when Binda Devi conceived out of her wedlock, her pregnancy was terminated.