RAJESH PAREEK AND ORS. Vs. STATE OF RAJASTHAN AND ANR.
LAWS(RAJ)-2001-1-111
HIGH COURT OF RAJASTHAN
Decided on January 30,2001

Rajesh Pareek And Ors. Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

Mohd. Yamin, J. - (1.) This revision petition against charge has been preferred on behalf of three accused persons Rajesh Pareek, Suresh Pareek and Sunil Pareek.
(2.) I have heard learned counsel for the petitioners, learned counsel for the complainant as well as learned Public Prosecutor for the State.
(3.) Briefly stated, on 30.5.95, Bansidhar submitted a report at Police Station Vidhyadhar Nagar, Jaipur alleging that Pramila alias Babli was married to Rajesh Pareek on 7.12.1993. She was being harassed at the hands of her in-laws for want of dowry, the persons named in the FIR were Rajesh, Suresh and Sunil, Sapna and the mother-in-law of Pramila. They demanded colour TV, VCR, dining table etc. and that whatever was given in the marriage was being condemned because of its quality. This was told by Pramila to her father and other relations who tried to amicably settle the issue on several occasions. It was further alleged that Pramila was left with her parents on various occasions after belabouring her. On 22.5.95, Smt. Pramila had gone to the her parents house in order to prepare for some ensuing examination and on 28.5.95 at about 7.00 a.m., her husband came who was in anger. He abused her and threatened inmates of the house who were present and then took Pramila by force. After some time, Pramilas uncle went to her in-laws house in order to inquire and came to know that Pramila was taken to a hospital by her husband and brother-in-law. She was found admitted in the Intensive Care Unit of SMS Hospital, Jaipur where the husband and brother-in-law were present. She was in serious condition. On 29.5.95 at about 10.00 a.m. when the-in-laws were not present, Pramila stated to her uncle Bansidhar Pareek that it were her husband, mother-in-law, sister-in-law and both the brothers-in-law assaulted her and forcibly administered poison. She further stated that she had given favourable statement of accused persons to the Investigating Agency as well as to the Magistrate a day prior under duress and fear of her in-laws. Ultimately, Pramila died on 29.5.95 at about 8.50 p.m. A case U/ss. 498-A & 304-B IPC was registered, investigated and charge-sheet was submitted against three petitioners but investigation was kept pending under Section 173(8) Cr.P.C. qua sister-in-law and mother-in-law. However, later on supplementary charge-sheet was submitted against Sapna before the Juvenile Justice Court while final report was given against mother-in-law. The learned Magistrate submitted the case to the learned Sessions Judge and the learned Additional Sessions Judge framed charges against the petitioners by order dated 8.6.99.;


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