KAILASH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order dated 7.2.2009 passed by the Additional Sessions Judge, F.T.C. Rajmahal, Sahibgang by which the petition filed on behalf of the Petitioners under Section 319 of the Code of Criminal Procedure was allowed in S.C. No. 91 of 2007 arising out of Rajmahal P.S. Case No. 199 of 2006 corresponding to G.R. Mo. 426 of 2006 and the summons was directed to he issued against the Petitioners to be (sic) for the charge under Section 304(B) of the Indian Penal Code.

(2.) The Petitioner No. 1 Kailash Mandal is the father-in-law whereas the Petitioner No. 2 Sita Devi is the mother-in-law of the deceased.

(3.) The prosecution story in short was that the mother of the deceased presented a written report before the police that her daughter Suman Devi (since deceased) was married to the accused Sanjay Mandal some two years ago in which adequate dowry was given to the accused persons but accused-husband Sanjaya Mandal and his father Kailash Mandal used to torture her daughter and demanded balance amount to the tune of Rs. 50,000/- About five months ago prior to the aliegel death, Sanjay Mandal had taken away his wife Suman Devi to his home reiterating demand of dowry and started perpetrating torture to which father of the deceased tried to resolve the matter but the accused and his father were adamant and did not allow his daughter to go with him. The informant received information on telephone that her (sic) was done to death by setting her on fire by Sanjay Mandal and his father and on such information she went there and found the information true.