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1993 DIGILAW 415 (RAJ)

Mohanlal s/o Girdhari : Manak Chand s/o Mohanlal v. State of Rajasthan : The State of Rajasthan

1993-07-29

RAJENDRA SAXENA

body1993
JUDGMENT 1. - Heard. Perused the case diary. 2. It is alleged that Smt. Raju (deceased) was married to accused petitioner Manak Chand about ten years before the alleged incident which occurred on 10-6-93. Smt. Raju was brought to the hospital in a burnt condition. Her statement was recorded by the ASI in the hospital on 10-6-93 at 9.55 A.M. in the presence of the Medical Jurist. In her statement recorded in a proceeding under section 174. Criminal Procedure Code, Smt. Raju stated that on 10-6-93 at about 9 A.M., she was preparing tea on stove and that all of a sudden, the kerosene oil oozed out from the Stove with the result that the stove caught fire. She further stated that she was putting on a polyster Saree and other clothes which were burnt; that her husband Manak Chand and Motilal (Nanadoi) extinguished her fire. She also stated that her husband and Motilal (Nanadoi) had come there on hearing her screams. She further stated that her father-in-law and mother-in-law and other relatives were sitting in the courtyard of the ground floor and were talking with each other and that she had no complaint against her father-in-law and mother-in-law. Smt. Raju died due to her burn injuries on 10-6-93. Poonam Chand Soni father of the deceased submitted a written report to the S.P. Nagaur on the next day which was transmitted to Police Station, Nagaur. In that report, Poonam Chand Soni mentioned that Smt Raju was living with her 'Devar' in Hanuman Bas for last five days and that on 10-6-93, she was going to Bajar Bada alongwith her brother-in-law Lal Chand. At that time, Lal Chand was sitting in the shop of his brother-in-law Ramchandra. There,after, Lalchand went to the house of accused persons where he saw that Smt. Raju's mother-in.law was holding one kerosene bottle and match box in her hands and that he (Lalchand) had seen her lighting fire to Smt. Raju. Lal Chand also saw Mohanlal, the father-in-law of Raju, who was standing nearby. On seeing this, he raised an alarm and went to call his brother-in-law Ramchandra. Thereafter, Smt. Raju was brought to the hospital. Lal Chand also saw Mohanlal, the father-in-law of Raju, who was standing nearby. On seeing this, he raised an alarm and went to call his brother-in-law Ramchandra. Thereafter, Smt. Raju was brought to the hospital. Poonam Chand Soni also mentioned in the report that when Smt. Raju was being taken to hospital, she was pressurised by her in-laws to tell that she was preparing tea with stove and suddenly kerosene came out from the stove which caught fire. On this report, case under Sections 498-A and 302 Indian Penal Code was registered at Police Station Nagaur which after investigation has now been converted for the offences under sections 498-A and 306 Indian Penal Code only. Vijay Kudi, the land lord of the house, wherein Smt. Raju used to reside, in his statement under section 161 Criminal Procedure Code has simply stated that Manak Chand was unemployed and that the latter used to scold her. Smt. Santosh, sister of deceased Raju in her statement under section 161 Criminal Procedure Code has also not assigned any overtact on the part of Mohanlal or Smt. Mathari. Ram Chandra, the brother-in-law of Lal Chand has not supported the version given by the latter. On the other hand, he has clearly stated that Lal Chand did not inform him about the alleged incident. 3. Therefore, keeping in view all these peculiar facts and circumstances of this case but without commenting on merits, I am of the considered opinion that petitioner Manak Chand, the husband of Smt. Raju, does not deserve to be released on bail and as such the bail petition filed on his behalf is hereby dismissed. 4. However, I accept Mohanlal's bail application and order that he be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 10000/- together with two sound and substantial sureties for Rs. 5000/- each to the satisfaction of learned C.J.M. Nagaur for his appearance before him and in the trial Court on each and every date of hearing and whenever ordered to do so till the completion of the trial of this Case.Order accordingly. *******