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2000 DIGILAW 188 (RAJ)

CHANDARAM v. STATE OF RAJASTHAN THROUGH DIRECTOR GENERAL OF POLICE

2000-02-15

V.S.KOKJE

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Judgment V. S. KOKJE, J. ( 1 ) IN the peculiar circumstances, the case of 3 accused persons were suspected of causing death of Harlal by poisoning him. All the 3 accused persons were relatives of the deceased being the wife and her parents. From the papers submitted alongwith, the petitions it appears that the Jawahara father-in-law of the deceased was prosecuted. Smt. Vimla wife of the deceased and Smt. Shanti her mother were absconding. Jawahara has been prosecuted and now convicted for an offence under Section 302, IPC. ( 2 ) IT is submitted by the petitioner who is the father of deceased Harlal that there is evidence against the wife and mother-in-law of the deceased also in the case and when on the same evidence Jawahara was convicted, there was no reason why the other two should not have been prosecuted and convicted. According to the learned Counsel for the petitioner even after lapse of so many years, the police is taking no action in the matter He, therefore prays that allowing this petition the police be directed to prosecute Smt. Vimla and Smt. Shanti also. ( 3 ) THE learned Public Prosecutor, does not have the case diary with him and does hot know as to whether the investigating agency has concluded investigation on the question of prosecuting Smt. Shanti and Smt. Vimla. ( 4 ) IN the circumstances, it would be in the interest of justice to dispose of this case by directing completion of investigation within a stipulated time, if investigation is not already concluded. The petition is, therefore, disposed of directing the non-petitioners to complete the investigation in respect of the role of Smt. Shanti and Smt. Vimla in-F. I. R. No. 11/91 of Police Station Laxmangarh District-Sikar within 3 months from today and according to the result of the investigation either to proceed to prosecute or into file the final report under intimation to the petitioner Chandaram Sb Parmaram the co m p Ia in ant. Petition allowing accordingly. .