- (1.) This revision is directed against the order dated 7.2.86 passed by the Judicial Magistrate, City-I, Agra whereby accepting the final report submitted by the Investigating Officer without affording an opportunity of hearing to the revisionist.
(2.) The facts giving rise to the revision are these: The sister of revisionist was married to the opposite party on 5.12.83. Few months after the marriage the complainant's sister came to know about the extra-marital relationship of her husband/opposite party with the receptionist working in his clinic. The opposite party purchased four LIC Policies with insurance coverage of Rupees two lacs in the name of his wife. On 5.10.1984 a letter from opposite party informing that complainant's sister was having chest pain, was received. The Opposite party came to Delhi alongwith his wife and both of them left for Agra in the morning of 7.10.84. On 10.10.84 the revisionist received a letter from his sister that she was being harassed by the opposite party (nor husband) for divorce. On 11.10.84 a letter of opposite party informing about serious illness of complainant's sister was received. On 13.10.84 the complainant alongwith his brother and uncle went to Agra to call on his ailing sister and was told by her that she was subjected to brutal assault. On 16.10.84 again a letter was received from her informing that she could be murdered any day. The opposite party telephonically informed that it was a case of kidney failure. On 17.10.84 the complainant alongwith brothers and uncle again went to Agra and found his sister lying in bed. The medicines prescribed by Dr. M.P. Mehrotra were not given to her by the opposite party and she died the same day at 9.30 P.M.. After investigation final report was submitted by the police. The final report was accepted by the Magistrate vide order dated 7.2.86.
(3.) Heard Sri A.K. Awasthi, learned Counsel for the revisionist, Sri A.K.Gupta, learned Counsel tor the opposite party, learned A.G.A. and have perused the record.;