KAUSHALYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been filed for quashing the entire criminal proceedings including the order dated 20.05.2016, whereby the court of learned Judicial Magistrate, 1st Class, Ranchi, has taken cognizance of the offence under Sections 304(B), 498A and 120-B of the Indian Penal Code, in connection with Complaint Case No.2342 of 2015. 2. Learned counsel for the petitioners has submitted that the complainant, Ram Deo Turi is the father of the deceased, Suman Devi. That the police had recorded the statement of Suman Devi at Medanta Hospital on 26.08.2015 and registered Pratapur P.S. Case No.87 of 2015. That Suman Devi had stated that she had poured kerosene oil on her body as she was fed up with the taunts and insults heaped on her by her mother-in-law and sister-in-law (Nanad). It is submitted that Ram Deo Turi had put his signature on the statement made by Suman Devi and on completion of investigation the police had submitted charge-sheet under Sections 498A and 306 I.P.C. That the statement of the deceased is admissible under Section 32 of the Evidence Act and she has not made any incriminating statement against the petitioners, save and except against her mother-in-law and sister-in-law. That the complainant has deposed as a witness in the case.

(2.) Learned counsel has relied on the decisions reported in 2005 AIR Jhar R 2184, and (2006) 3 JLJR 627 (HC) and submitted that for the same occurrence two cases cannot be lodged as it is hit by the principle of double jeopardy under Section 300 Cr.P.C and Article 20(2) of the Constitution of India.

(3.) Mr. Suraj Verma, learned A.P.P., assisted by learned counsel for the complainant/ O.P. No.02, has submitted that the earlier case was registered under Section 498A and 306 I.P.C. That the complainant has made categorical statement that he had informed the police but the police did not register any case whereupon the complaint was filed under Sections 304(B), 498A and 120B of the I.P.C. That admittedly the deceased died an unnatural death within seven years of her marriage. There is specific allegation that all the accused, i.e., the petitioners were demanding cash of Rs.2,00,000/- and a Bolero Vehicle and due to non-fulfillment of the demand she was set on fire.