D.K.SINHA, J. - (1.) THE petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashment of the order dated 22.8.2007 passed by the C.J.M., Garhwa whereby and where under cognizance of the offence was taken under Section 304B/34 I.P.C. in Garhwa P.S. Case No.106 of 2007 corresponding to G.R. No. 506 of 2007 against the petitioners and directed non -bailable warrants of arrest against the petitioners besides the husband Kuldip Pandey, pending commitment.
(2.) THE prosecution story lies in a narrow compass. The informant in his Fardbayan alleged that his sister Sanju Kumari was married to Kuldip Pandey some two years ago and on the eve of their marriage Rs.81,000/ - in cash and articles worth Rs.30,000/ - were given. His sister lived at her matrimonial home without any complaint from any corner for sometime but soon thereafter, the petitioners and her husband demanded a colour T.V. as well as a. motorcycle to which the informant expressed his inability to oblige them. When the informant visited the matrimonial home of his sister, she complained that her husband and the petitioners were abusing and assaulting by extending threat that they would continue assaulting her lest she would bring colour T.V. and motorcycle from her parental home and also that her life would be made miserable. The informant tried to pacify and resolve the matter but of no avail. On 11.6.2007 his cousin Dilip Tiwari was called for and when he visited her matrimonial, her father -in -law Prem Pandey cautioned and asked him to take away his sister alleging that she was neither good to look at nor did she know how to cook food and complained that a motorcycle was not given to them. After two days, on 13.7.2007, the informant received call from one Satrughan Pandey to immediately rush to his village Sote where his sister was married. Pursuant to that when he reached there, the villagers conveyed that his sister was set on fire and was taken to Garhwa Sadar Hospital for treatment. He immediately went there, found his sister badly burnt and after sometime she succumbed her injuries in course of treatment. The informant alleged the complicity of the petitioners and her husband in setting her on fire in furtherance of common intention for dowry by confining her in a room and she died at Garhwa Hospital in course of her treatment.
(3.) THOUGH the case was registered under Section 304B/34 I.P.C. against the petitioners and the husband Kuldip Pandey but the police after investigation submitted charge -sheet for the offence only under Section 306 I.P.C. against the husband Kuldeep Pandey exonerating the criminal liability of the petitioners.;