Ahluwalia, J. - (1.) Sugra D/o Nazir Khan was married with appellant Sarvar Khan. On the intervening night of 13-14 October, 2005, Sugra was admitted in the Government Hospital, Sikar. During her admission in the hospital, she died and post mortem on her body was conducted on 15th October, 2005 at 10.20 A.M. vide Post Mortem Report (Ex.R13). Medical Board consisting of three doctors had sent the viscera for chemical analysis and kept the opinion regarding cause of death pending. State Forensic Laboratory, Rajasthan, Jaipur submitted report Ex.P.8 and came to the conclusion that cause of death was consumption of Organophosphorous insecticide. Thus, Sugra had died an unnatural death in her matrimonial home. Maternal uncle Basir Khan (PW.5) and mother Bano (PW.3) of Sugra submitted written report Ex.R3 before Rajesh Yadav (PW.15), Station House Officer, Police Station Laxmangarh (Sikar). The said report when translated into english reads as under:- To, The Station House Officer, Police Station Laxmangarh (Sikar) Sir, It is submitted that Sugra @ Subhana daughter of Nazir Khan resident of village Tihawali, Tehsil Fatehpur, 21/2/3 years was married with Sarvar Khan S/o Taju Khan in village Reenu, Tehsil Laxmangarh. After marriage, Sugra was harassed by her husband, mother-in-law, brother-in-law. They used to taunt her that she had brought less dowry from her parental house. The father of the girl being poor and sick was not in a position to fulfil repeated demands of the accused. They continuously used to quarrel with her. Parental side of the girl was feeling harassed. Meanwhile, 12 months ago, Sugra had given birth to a son. before the birth, husband had told her to abort the child and for not doing so, she was subjected to cruelty. Two months ago, Sarvar Khan, husband had come on leave from the Army. He demanded Rs. 50,000/- and told her to bring the amount from her parental house. He had sent Sugra to her parental house along with his younger brother. Thereafter, the husband made a telephonic call at Tihawali and told that Sugra should bring Rs. 50,000/- and then she can return to her marital home. On 13th October, 2005 mother-in-law of Sugra made a telephonic call at Tihawali and informed that Sugra has been bitten by a snake. I, mother of Sugra at about 1.00 PM on 13th October, 2005 reached at Reenu and when I saw Sugra, I did not find any marks of snake bite on Sugra. When I talked to Sugra she started weeping and told that the inlaws were asking to bring Rs. 50,000/- and that in case the amount is not given they will kill her. But due to poverty we could not arrange for the amount. When the mother of Sugra reached the house of accused Sarvar Khan, he left the house. On 14th October, 2005 mother-in-law of Sugra had again made a telephonic call and informed that Sugra had been admitted in Kalyan Hospital, Sikar. I (mother of Sugra) at about 12.00 reached at Sikar Hospital. Sugra was in unconscious condition. Doctor of Hospital referred Sugra to Jaipur. In-laws of Sugra were delaying to take her to Jaipur. This occurrence has taken place in front of Subedar Basir Khan, maternal uncle of Sugra. Taking into consideration all incidents which had taken place from marriage till today we have strong suspicion that Sarvar Khan husband of Sugra, father-in-law (Taju Khan), mother-in-law (Jaitoon) and brother-in-law (Anwar) had administered her poison. Husband Sarvar Khan up to 14th October, 2005 was present in the hospitai and not informed till today that he is going to join his duty and he stealthily left the hospital whereas no husband can leave his wife in this condition. We have belief that they have administered poison to Sugra. This fact be investigated fairly and legal action be taken against the accused. Dated : 15.10.2005 Sd/- Basir Khan thumb impression Bano. Sd/- Sikandar
(2.) On basis of the written report formal FIR Ex.R 14 was registered.
(3.) It is apparent that deceased had died within three years of her marriage. Written report Ex.R3 is signed by Sikandar, brother (PW.2), Basir Khan, maternal uncle (PW.5) and it also bears thumb impression of Bano, mother (PW.3).;