Sandeep Mehta, J. - (1.) Heard learned counsel for the parties. This misc. petition has been filed on behalf of the petitioners challenging the order dated 11.11.2003 passed by the Judicial Magistrate, First Class, Churu in Criminal Case No. 218/2003 taking cognizance against the petitioners for offences under Sections 302 and 201/34 IPC as confirmed in the revision by Sessions Judge, Churu in Criminal Revision No. 179/2003 by order dated 29.2.2008.
(2.) Succinctly stated, the facts necessary for the disposal of this petition are that a first information report was filed by one Ratan Lal on 17.4.2001 at Police Station Dudwa Khara under Section 174 Cr.P.C. in which he alleged that deceased Bhim Singh had entered into the house of his brother Vinod Singh under the influence of liquor and tried to outrage the modesty of Vinod's wife. Ratan Lal has mentioned in the report that he tried to pacify Bhim Singh and also scolded him on which Bhim Singh became violent and threatened that he would continue to do as he wanted. It is further alleged that Bhim Singh's brother Karan Singh was called to Vinod's house and on his coming, the facts were disclosed to him also but Karan Singh also expressed his helplessness in doing anything about the conduct of Bhim Singh. After that, the first informant alleges that he went to meet the sister-in-law of Karan Singh and after talking to her, when the first informant reached to his house, he saw that Bhim Singh had hung himself after putting a noose round his neck and by hanging himself from a nail in the wall. On this report of Ratan Lal, proceedings under Section 174 Cr.P.C. were initiated and site inspection plan etc. were prepared. On the site inspection being done, it was found that the deceased was found to have hung himself from a nail firmly embedded in a wall at a height of six feet. It was also found that the deceased had used an aluminum electric wire for hanging himself from the wall. Accordingly, the conclusion of inquest proceedings under Section 174 Cr.P.C. was given that the deceased has committed suicide by hanging himself. It may be mentioned here that the post mortem report of the deceased disclosed that seminal deposition was present in the underwear of the deceased when the post mortem was conducted. It was also found that the trachea of the deceased was containing blood and mucosa and that the right chamber of heard was full of blood. The opinion regarding cause of death was given as asphyxia and venous congestion due to hanging.
(3.) During the course of enquiry, the brother of deceased namely, Karan Singh and other villagers were not satisfied with the enquiry being conducted by the investigation officer and accordingly, an application was submitted to the D.I.G., Bikaner for investigating the matter for offences under Sections 302 and 201/34 I.P.C. and accordingly, the D.I.G. sent the complaint to S.P. Churu. Despite that, when no relief was forthcoming, present respondent No. 2 Suresh Singh, brother of the deceased, filed a complaint in the Court of C.J.M., Churu with the allegations regarding the deceased having been done to death by the accused petitioners. The said complaint was forwarded to the police under Section 156(3) Cr.P.C. where F.I.R. No. 94/2001 was registered and investigation commenced. However, the police after investigation, came to a conclusion that the deceased had entered into the house of Vinod and molested the petitioner No. 1 under the influence of liquor and thereafter, the deceased himself committed suicide by hanging himself with an aluminum wire. On the F.R. being submitted, the respondent No. 2 appeared before the Court and filed a protest petition on which the learned Magistrate by the impugned order dated 11.11.2003 took cognizance against the petitioners for aforesaid offences. Being aggrieved by the order taking cognizance, the petitioners filed a revision which too has been rejected by order dated 29.2.2008. Accordingly, the present misc. petition has been filed challenging the order taking cognizance.;