JUDGMENT

M.K. Mukherjee, J.-These three appeals have been heard together as they arise out of a common judgment rendered by the Rajasthan High Court disposing of three criminal appeals. Facts relevant for disposal of these appeals are as under.

2. Rama, (deceased) was the daughter of Shri S.S. Kela (PW 35) and Smt. Vimlawati (PW 33) of Kasganj, District Etah (U.P.). She held a post graduate degree in Hindi literature and was active in games. On May 6, 1981 she was married to Suresh Narain of Saharanpur (U.P.) and since then she was living with her husband in the house of her-in-laws at Mohalla Memaran (Khalapur) in Saharanpur.

3. In the following year (1982) the festival of Holi fell on March 9; and as, according to the custom prevalent in their community Rama could not celebrate the festival in the first year of her marriage in the house of her in-laws, her father came to fetch her. Her in-laws however did not permit her to go with her father but sent her to the house of her elder sister Smt. Malti Devi (P.W. 30), who was married to one Satish Kumar and was living in a neighbouring Mohalla. Rama however came back to her matrimonial home on the following day (March 10, 1982).

4. In the afternoon of March 14, 1982, Bal Kishan Dass, father-in-law of Rama, lodged a report (Ex.P.31) with the Kotwali (City) Police Station to the effect that she was missing from the house and in spite of their best efforts they were unable to trace her whereabouts. It was reported that Rama had retired for the night as usual but in the morning it was found that the main door of the house was wide open and she was not there. It was also reported that she was a victim of occasional fits for which she was being treated. It was further mentioned that when she went to bed in the previous night she was wearing a red printed cotton saree, a sweater of orange colour, ear-rings, a neck-chain, some glass-bangles of maroon colour, two golden rings on the fingers, silver paizeb on ankles and Bichwas on toes. Along with the report, her photograph (Ex.P.33) was also handed over to the police. Before lodging the report Bal Kishan Dass had sent telegraphic message to Rama s father. Similar messages were also sent to Khamgaon in the State of Maharashtra where Suresh Narain, husband of Rama, was supposed to have gone in the night of March 10, 1982 to attend a marriage and other places where Suresh was expected to visit after attending the marriage.

5. On getting information from Mahesh Narain, elder brother of Suresh, that Rama was missing Malti along with her husband Satish went to the house of Bal Kishan. She however was not satisfied with the explanation given by the mother-in-law of Rama about her disappearance. Returning therefrom she and her husband telephonically contacted Dr. S.S. Rathi (P.W.12), a professor of Delhi University to whom Rama s another sister Sushma was married. Dr. Rathi was requested to inform Shri Kela at Kasganj also. On the following day (March 15, 1982) Shri Kela, Dr. Rathi and Kanti Chand (PW 34), elder brother of Rama, reached Saharanpur. Since Shri Kela was also not satisfied with the story of mysterious disappearance of Rama as given out by the members of her husband s family he lodged a report with the Saharanpur police station on the same day (Ext. 161). Therein he stated that when he last met her she told him that she was being tortured by her in-laws. It was also stated in the report that earlier two of the daughters-in-law of Bal Kishan Das had died under mysterious circumstances. Accordingly, Shri Kela asked the Station House Officer to make a proper investigation into the matter in the light of the information given by him.

6. On March 16, 1982, Bal Kishan Dass met Shri M.S. Bali, the Addl. Superintendent of Police, Saharanpur and handed over to him an application (Ex.P 41) along with an Inland letter (Ex.P. 59), which he claimed to have received by post. The inland letter, which was addressed to Bal Kishan Dass by one Ahme