HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 655 / 2016
1. Smt Asha Sharma D/o Hans Raj R/o H.N 18, Vishnath Nagar,
Sri Ganganagar.
2. Monica Sharma W/o Sh. Nathu Ram R/o H.N 18, Vishnath
Nagar, Sri Ganganagar.
—-Petitioners
Versus
1. State of Rajasthan through Public Prosecutor.
2. Gurvinder Sharma S/o Baldev Kishan Sharma B/c Brahmin
R/o H.no. 451 Sector No. 12, Hanumangarh Junction Distt.
Hanumangarh.
—-Respondents
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For Petitioner(s) : Mr.Pritam Solanki.
For Respondent(s) : Mr.O.P.Rathi, P.P., Mr.N.L.Joshi, Ms.Kirti
Joshi.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
Date of Pronouncement : 13/09/2017
By way of this revision, the petitioners herein have
approached this Court for challenging the order dated 10.5.2016
passed by the learned Special Judge (Women Atrocities Act
Cases), Sriganganagar whereby, the learned trial court accepted
the application filed by the prosecution under Section 319 Cr.P.C.
and directed summoning of the present petitioners to stand trial
as additional accused with the charge-sheeted accused Bharat
Bhushan for the offences under Sections 498A and 304B I.P.C. and
issued bailable warrants against them.
Facts in brief are that the respondent No.2 Gurvinder
Sharma submitted a written report at the Police Station
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Hanumangarh Junction on 15.6.2015 alleging inter-alia that his
sister Veerpal Kaur had been married to Bharat Bhushan Sharma
on 7.12.2014. He alleged that wholesome dowry was given but
just 5-6 days after the marriage of Veerpal, her husband Bharat
Bhushan, Nanad Asha Sharma and Jethani Monica started
harassing and humiliating her on account of demand of dowry. He
contacted the accused persons many times and requested them
not to harass the deceased but they did not mend their ways.
Veerpal Kaur was beaten on numerous occasions for meeting the
demand of a motorcycle. About 7-8 days before lodging of the
report, the first informant and his brother Ashwini Sharma went to
Veerpal Kaur’s matrimonial home and gave a sum of Rs.5000/- so
that the greed of the accused could be sated. Bharat Bhushan
took Rs.5000/- more from the first informant’s father but despite
that, harassment of his sister continued. A day before the
incident, Veerpal Kaur called her sister in law Shabnam W/o
Gurvinder and informed that her husband Bharat Bhushan, Nanad
Asha Sharma and Jethani Monica were torturing her on account of
demand of dowry and were taunting her to jump into the canal if
she could not meet their demands. On 15.6.2015, he received
information that his sister had ended her life by hanging herself.
On the basis of this report, an F.I.R. No.125/2015 was registered
at the Police Station Hanumangarh Junction for the offences under
Sections 498A and 304B I.P.C. and investigation commenced. The
Investigating Officer recorded statements of numerous witnesses
and came to the conclusion that the allegation of the complainant
regarding petitioners herein having meted out harassment and
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humiliation to the deceased on account of the demand of dowry
was not substantiated. The principal accused Bharat Bhushan’s
parents had passed away before his marriage. His elder sister; the
present petitioner Asha was working as a Nurse Gr.I in the Govt.
Hospital, Ganganagar. She had been divorced by her husband and
was living alone at the house No.18 Vishnath Nagar,
Sriganganagar. Since she was all alone, Bharat Bhushan was
called by her to stay with her at Ganganagar but after living there
for a while, Bharat Bhushan returned to Hanumangarh. Later on,
Asha called her other brother Nathu Ram and his wife Monica to
live with her at Ganganagar. Bharat Bhushan was a quarrelsome
man and while living with the petitioner Asha, he continuously
quarreled with her and resultantly, the petitioner Asha turned him
out of her house and a public notice for severance of her with
Bharat Bhushan was also published in the newspaper. The entire
expenditure of marriage of Bharat Bhushan and Veerpal Kaur was
borne by Asha Sharma. Bharat Bhushan and his in laws were
trying to get the ancestral property partitioned upon which, Asha
Sharma relinquished her share in the property in favour of her two
brothers Bharat Bhushan and Nathu Ram on 6.4.2015. Gurvinder
Sharma was also a signatory to the relinquishment deed. After
this, Bharat Bhushan took up a separate rental residence owned
by Pawan Kumar at Ganganagar and started living there with
Veerpal Kaur. Right upto the date of the incident i.e. 15.6.2015,
Bharat Bhushan and Veerpal Kaur were living on their own in the
rented premises and had no contact whatsoever with Asha, Monica
or Nathu Ram. Bharat Bhushan was working as a Helper in the
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RMRS (Rajasthan Medicare Relief Society) on contractual basis and
was unable to meet the household expenses and thus he used to
pressurise Veerpal Kaur to bring money from her maternals and
was also demanding a motorcycle. The first informant Gurvinder
Sharma had given a sum of Rs.5000/- to his sister about 7-8 days
before the incident so that she could meet the day to day
expenses. Despite that, Bharat Bhushan continued his cruel
behaviour with the deceased as a result whereof, she became fed
up with her life and committed suicide. With these conclusions,
the Investigating Officer filed a charge-sheet only against Bharat
Bhushan, leaving out the petitioners from the array of accused.
After recording of statements of two main prosecution witnesses
viz. Pawan Kumar and the complainant Gurvinder, an application
was moved under Section 319 Cr.P.C. which came to be allowed in
the above terms and the petitioners were summoned to stand trial
as co-accused with Bharat Bhushan. Hence, this revision.
I have heard and considered the arguments advanced by the
learned counsel for the parties and have gone through the
material available on record.
Suffice is to say that the allegations set out in the written
report filed by Gurvinder as against the present petitioners are
vague and uncertain. The Investigating Officer collected ample
evidence during investigation which conclusively establishes that
the deceased and her husband i.e. the principal accused Bharat
Bhushan had taken up a separate rental accommodation in the
premises of Pawan Kumar and were living there from 16.4.2015.
Thus apparently, there was no occasion for interaction of the
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present petitioners with the deceased and her husband for the
past two months preceding the incident. Pawan Kumar, the
landlord upon being examined during trial has clearly stated that
Bharat Bhushan and Veerpal Kaur were living as his tenants. Even
the first informant Gurvinder Sharma made vague and general
allegations against the present petitioners whilst the specific
allegation of demand and harassment meted out to the deceased
is attributed to Bharat Bhushan. A sum of Rs.5000/- had been
given to him about 7-8 days before the incident. Bharat Bhushan
had taken another sum of Rs.5000/- from his father in law Baldeo
Krishna but so far as the petitioners are concerned, absolutely
vague and unconvincing allegations have been levelled against
them. The Investigating Officer conducted detailed investigation
before filing charge-sheet only against Bharat Bhushan finding
that he and Veerpal Kaur were living in abject poverty in the
rented premises because Bharat Bhushan was earning a pittance
of salary being engaged as a contractual worker and could not
make the ends meet. The petitioner Asha Sharma had even
denounced Bharat Bhushan way-back in the year 2008 by a paper
publication because of his ill behaviour. The Investigating Officer
collected the evidence to the effect that because of the poor
financial condition of Bharat Bhushan, it was decided amongst the
siblings that he shall be entitled to the entire ancestral property
and in furtherance thereof, the petitioner Smt.Asha relinquished
her share therein by executing a deed which is signed by none
other than the complainant Gurvinder. Thus, ex-facie, this Court is
of the firm opinion that there do not exist valid and sufficient
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grounds on the record so as to justify summoning of the
petitioners as additional accused in the case to face trial with the
charge-sheeted accused Bharat Bhushan.
This Court had the occasion to examine an almost identical
controversy in the case of Malam Singh Ors. Vs. State of
Rajasthan Anr. reported in 2016(2) Cr.L.R. (Raj.) 943 and
quashed the cognizance taken against the father in law of the
deceased against whom no specific allegations of demand and
harassment on account of demand of dowry were levelled by the
prosecution witnesses.
Resultantly, the revision deserves to be and is hereby
accepted. The impugned order dated 10.5.2016 passed by the
learned Special Judge (Women Atrocities Act Cases),
Sriganganagar whereby the petitioners were summoned as
additional accused to stand trial with Bharat Bhushan for the
offences under Sections 498A and 304B I.P.C. is hereby quashed
and set aside.
(SANDEEP MEHTA)J.
/tarun goyal/