O.P. Bishnoi, J. - (1.) This revision petition has been filed by the eight accused persons against an order of cognizance under Sections 498-A and 306 of the I.RC. by the Judicial Magistrate, Kherwara.
(2.) The facts, in brief, are that Smt. Sharda Devi D/s. OShanker Lal r/o. Javar Mines, was married to the accused Mohan Lal some time in the year, 1991. On 31.5.99, Smt. Sharda was admitted at Rishabhdev Hospital with burns and the police was informed. Her statement (dying declaration) was recorded in the hospital, soon after mid-night and she stated that she was a mental patient for the last about 4 months and in the morning, she herself poured kerosene on her person and got alighted with the help of a match-box. She further stated that her four years old daughter Neelu @ Sheetala was present at the time of the incident. She stated that her husband was away at Jaipur for the last about one month. At the end, she stated that out of her own volition, she has committed suicide. Her daughter Neelu @ Sheetala was also present in the hospital and the A.S.I. Takhat Singh recorded her statement as well. She stated that she was a student of Class I and her mother, in the morning, herself poured kerosene on her and ignited herself with the help of a match-box. The two statements along with a covering letter were forwarded by Takhat Singh to Police Station, Rishabhdev and the S.H.O. registered a case under Section 309 of the I.RC. against Smt. Sharda Devi. After 10-11 days, Smt. Sharda succumbed to the burn injuries on 11.6.99. Consequently, an F.R. was filed by the police in the case registered under Section 309 of the I.RC.
(3.) While the F.R. was pending with the Magistrate concerned, Shanker Lal, the father of the deceased Sharda, on 26.11.99, lodged a protest petition in the said Court and complained that he reached the hospital forthwith, but was never allowed to meet Sharda Devi, till her death. It was mentioned that the police acted in a partisan way and the dying declaration was not certified or verified by any Doctor of the hospital. A prayer was made that a case under Sections 302, 306, 120-B and 201 of the I.P.C. be registered against Mohan Lal, Kamla, Gobi Lal, Lalita Devi, Bheru Lal, Nathu Lal and Raj Kumar. The learned Court treated the application of Shanker Lal as protest petition and went on to record the statements of Shanker Lal (under Section 200, Cr.RC.), and his wife Smt. Velu Devi (under Section 202 of the Cr.P.C.). Thereafter, the impugned order was passed on 25.8.2001 and cognizance for the offences under Sections 498-A and 306 of the I.RC. was taken. Consequently, this revision petition has been filed by Mohan, Geba, Bheru Lal, Nathu Lal, Leela, Kamla, Shanta and Raj Kumar.;