1994 Supreme(Raj) 513
Rajasthan High Court
Honble Rajendra Saxena, J.
Yashoda Bai - Appellant
Versus
State of Rajasthan - Respondents
S.B. Criminal Revision Petition No. 216 of 1991
Decided On : November 23, 1994
M.M. Singhvi assisted by B.M. Bhojak, for Petitioner S.M. Singhvi & K.L. Thakur, Public Prosecutors, for State of Rajasthan
Headnote:Criminal Procedure Code, 1973- Section 227 & 228 - Petition moved to quash the charges framed - The prosecution story and the evidence submitted was considered — Held — There is not a fringe of evidence, either direct or circumstantial from which it can be reasonably inferred or presumed that the petitioner entered into a conspiracy — No prima facie case is made out for the offences charged — Charge has been maehanically framed — Charges quashed. (Para 17)
(2). Briefly stated the facts necessary for the disposal of this revision petition are that on 26.7.90, petitioners husband, co-accused Heera Chand (Now expired) lodged a first Information Report at Police Station, Rani alleging that on 25-7-90, at his shop, he received information that his house was lying open and that his four daughters viz; Mamta, Pinky, Baby and Poonam had disappeared. He further alleged that despite search, his daughters could not be traced out. He therefore, requested the police to make a search for his missing girls. It appears that on the same day i.e. 26.7.90 at about 8 p.m., Dy. Superintendent of Police Bali received information that some unknown person had kidnapped those girls to commit some offence. Thereupon, crime No.59/90 was registered for the offences u/ss.363, 365 and 366 IPC at police station, Rani. On 27.7.90, a radiogram message was received from Gujrat Police that four girls residents of village Rani have been admitted in the hospital by S.H.O., P.S., Amirgarh (Gujrat). Thereupon, the S.H.O., P.S., Rani went to Civil Hospital, Ahemedabad, where the missing three girls namely Poonam, Pinky, and Baby, aged 11,14 and 13 years respectively, who had received injuries, were admitted as indoor patients. However, the fourth girl Kumari Mamta aged fifteen years had succumbed to, her injuries. A case u/ss. 307 and 302 I.P.C. was registered at police station, Amirgarh. After consultation with the higher authorities, it was considered proper that since initially the offence was committed in the jurisdiction of Police Station Rani, all papers regarding the investigation conducted by the Gujrat Police including the site inspection, recovery of blood stained earth and articles lying on the spot, of Panchyat Namas, post mortem examination reports etc. be handed-over to the S.H.O., P.S.,Rani. During the course of investigation, it transpired that petitioner Smt. Yashoda Bai, who is the mother of aforementioned girls had illicit relation with one Vidhya Sagar and that co-accused Heera Chand, father of those girls also knew about her illicit relations. It further transpired that co-accused Heera Chand was sexually weak, that he also believed that those four girls were not begotten by him; that he did not want to bear their marriage expenses, and therefore, he wanted to eliminate them. From the investigation, it further transpired that the petitioner alongwith her husband Heera Chand entered into a criminal conspiracy with co-accused Vaga Ram and Ogad Ram Kumhar to commit the murder of aforementioned four girls and that in pursuance of the said conspiracy on 25.7.90, Heera Chand asked his daughters to take leave from their respective schools and to accompany his friend co-accused Vaga Ram to visit Parshu Ram Mahadev, a pilgrim, situated on the hills in Gujrat State. It is the case of the prosecution that on 25.7.90, co- accused Vaga Ram and Ogad Ram entrained alongwith those girls from Rani Railway Station, reached Abu Road and thereafter hired a jeep for going to Parhu Ram Mahadev. It is further the case of the prosecution that Heera Chand who was running a medical store, had given valieum tablets to Vaga Ram and instructed his daughters that since journey to Parshu Ram Mahadev on the hills was arduous, they should take those tablets so that they may not feel tired. It is further the case of the prosecution that in the night of 25.7.90, co-accused Vaga Ram and Ogad Ram, who were allegedly hired by Heera Chand and that the petitioner for an amount of Rs.40,000/-,gave the said tablets to those girls, who felt giddiness and fell down. It is alleged that thereupon Vaga Ram and Ogad Ram committed the murd