- (1.) Instant criminal revision is directed against the order impugned dated 15.6.2007, passed in S.T. No. 289 of 2003, arising out of Lower Bazar(Ranchi) P.S. Case No. 58 of 2001, corresponding to G.R. No. 1639 of 2001, by which the petition filed on behalf of the petitioners for their discharge under Section 227 of the Code of Criminal Procedure was rejected by the Additional Judicial Commissioner, XVIII, Ranchi.
(2.) Notice was served upon the opposite party No. 2 Md. Serajul Haque after his impleadment, but he did not prefer to enter appearance in this criminal revision to contest.
(3.) Prosecution story in short as stands narrated in the written report presented by the informant-opposite party No. 2 herein was that he had married his daughter Baby Farida (since deceased) on 4.7.1996 with the petitioner No. 1 Abdul Salam @ Md. Anwar and on the eve of marriage, he presented gifts according to his capacity including Vespa LML scooter. After the marriage, his daughter went to her matrimonial home and whenever she used to come to her parental home, she (Baby Farida) had been complaining against her husband and in-laws that they had been demanding Rs. 50,000/- to be brought from her parental home so that her husband could expand his business and only then she could be allowed to remain there peacefully. Pursuant to such complaint, the informant-opposite party No. 2 visited her matrimonial home and tried to resolve by requesting them not to extend torture to his daughter and that he was unable to meet out their demand by explaining that he had already spent on the eve of marriage of his daughter according to his capacity. Thereafter, she remained at her matrimonial home peacefully for few months but returned back all of a sudden to her parental home with her children and apprised that she was apprehensive to be assassinated by the petitioners and others for non-fulfilling their demand of Rs. 50,000/-. After some time the informant received massage from the husband-petitioner No. 1 by requesting to send back his wife Baby Farida however, by extending assurance that she would be kept with all dignity and honour. Relying upon such assurance, he sent his daughter with her three children. On 11.6.2001, informant was informed by the cousin of the petitioner No. 1 that Baby Farida had sustained extensive burn injuries and for her treatment, she was removed to R.M.C.H., Ranchi. He immediately went to R.M.C.H. and found his daughter unconscious and fully burnt, however, her husband-petitioner No. 1 explained that on the same day at 2:00 p.m. while she was cooking food on kerosene oil stove, her salwar-jumper caught fire as the stove fell on her body as a result of which she sustained burn injuries. On 13.6.2001, she was referred to Tata Main Hospital, Jamshedpur for better management but in course of treatment she succumbed her burn injuries on 15.6.2001. The informant-opposite party No. 2 admitted in his written statement that he had put his signature on a written report, which was prepared and presented by the police officer of Bistupur Police Station at T.M.H. Police Camp, without going through the contents of the written report and that on account of his mental imbalance on the death of his daughter. Post mortem was held at Jamshedpur and thereafter, he received the dead body of his daughter on 15.6.2001 and buried at the burial ground, Ranchi. Written report was presented on 17.6.2001 by explaining the delay and also by alleging the conduct of the accused persons, who did not come to see the deceased either at T.M.H., Jamshedpur or at R.M.C.H., Ranchi and that she was subjected to dowry death for nonfulfillment of demand of Rs. 50,000/-. On the written report, a case was registered under Sections 304B/34 of the Indian Penal Code against the petitioners and two others. However the case of two other accused who being found to be juveniles in conflict with law was separated and sent to the Juvenile Justice Board, Ranchi for enquiry.;