In cases involving allegations of causing death of a quick unborn child by an act amounting to culpable homicide under Section 316 IPC, the court must carefully consider the evidence, including medical records and any delay in reporting the incident, before deciding whether to take cognizance of the offense.

1. - Both these revisions have been filed against the order dated 3.9.2002 passed by the learned Judicial Magistrate No. 7, Jodhpur in Cr. Regular Case Nos. 113/2000 and 1248/2001.

2. The Revision No. 855/2002 has been filed by Smt. Aamna Chhatri, hereinafter to be referred to as the 'complainant', whilst the Revision No. 135/2004 has been filed by Mohd. Ashraf, Abdul Samad, and Smt. Rajiya, hereinafter to be referred to as the 'accused'.

3. The complainant filed a First Information Report with the S.H.O. Police Station Mahila Thana, Jodhpur on 29.6.2000 with the allegation that she had been married to the accused Mohd. Ashraf on 29.11.1994. She stated in the F.I.R. that Abdul Samad is her father-in-law, Smt. Rajiya is her mother-in-law whilst Jahida is her Nanad. She alleged that soon after the marriage, the accused persons started harassing her in relation to demand of dowry. She further alleged that she was physically assaulted by the accused, she was not given proper food etc. and was made to work like a servant. She stated that she gave birth to a female child in October 1995. It was also stated in the F.I.R. that in the year 1996, When she was carrying a two months fetus in her womb, her mother-in-law, husband and sister-in-law forcibly and without her consent, got the same aborted in the dispensary of Dr. Kalpana Shukla. She also alleged that her in laws hatched a conspiracy with her husband to kill her and therefore, in June 1996 her husband took her and her daughter at Nehru Park, where she was kept hungry for whole of the day. Thereafter, her husband took her to Kaylana Lake and there he was planning to push her into the lake. At that point of time, two Muslim persons came there and on seeing them coming, her husband took her back to their under construction house at Chopasani Housing Board where she was assaulted. She further alleged that she again became pregnant in the year 1998 and on 1.6.1998 when she was carrying a child of 5V# months, her husband and her mother-in-law started assaulting her on count of demand of money for the purpose of starting a handicraft business for her husband. She alleged that she was pushed down on the ground and her mother-in-law and husband started assaulting her by fists and kicks with the objective to cause a miscarriage. She stated that due to this assault, her child died in her womb and ultimately she gave birth to a dead child on 26.8.1998. She alleged that when the assault was made, at that time, the neighbours Ramesh and his wife Shashi and other persons from the neighbourhood saved her from the accused. Thereafter, in January 1999 she was again harassed for bringing money from her father. She stated that in the year 2000 she again conceived and her husband again got her aborted by taking her at Satyam Hospital on 19.2.2000. Ultimately, the cruelty of the accused reached the extreme levels in March 2000 and she was continuously assaulted for the persisting demand of Rs. 4 lacs. On hearing her cries, the neighbours collected, on which her husband apologized and told the neighbours that the complainant would not be maltreated in future. The complainant has alleged that because of the incident, she fell ill and was admitted in Shree Hospital between 14.3.2000 to 16.3.2000 and her husband misappropriated the Kisan Vikas Patra standing in her daughter's name, the account book of her Post Office account as well as an amount of Rs. 8500/- belonging to her during the period whilst she was hospitalized. She ultimately stated that she was turned out of the matrimonial home on 8.5.2000 only with wearing clothes. She demanded her Stridhan and gold ornaments etc., but her in-laws and husband abused her and did not return the same to her and they have misappropriated the same.

4. The typed report filed by the complainant was registered as F.I.R. No. 116/2000 for the offences under Sections 498A, 406 and 312 I.P.C. Investigation was commenced and upon conclusion of the investigation, t