Lakhi Ram vs Sita Devi and Others

The facts disclosed in this criminal appeal make painful reading. A young married girl, Neelam by name, is alleged to have been murdered on April 23, 1982 It is said that her body was burnt after she died. It is alleged that cremation took place without informing any of her relatives. Her father came to know of this tragedy on April 27, 1982 from a relative of his. The father lodged an FIR against the deceased's husband, father-in-law, mother-in-law and an employee, namely, Purshottam Dass. It appears that no action was taken by the police. Her father was, therefore, compel(sic)led to file a private complaint before the Judicial Magistrate at Mansa on August 2, 1982 for offences u/s 302 read with Section 34 IPC. The Magistrate stayed the proceedings in this complaint, since he was told that the police was investigating into the offence or the basis of the FIR lodged by the father. ON October 1, 1982, police filed a challan after investigation only against the mother-in-law u/s 306 IPC. Thereafter, the Magistrate committed the accused to the Session Court on the complaint filed by the father (sic) the deceased. The accused filed a revision petition against the order of commital made by the-Magistrate before the High Court and obtained a stay of the Sessions trial.

The father of the deceased had moved the Sessions Judge with the request that the Sessions trial must proceed first and the police case should be stayed. This request was disallowed by the Sessions Judge. The High Court was thereupon moved u/s 482 Cr. PC by the father without success. It is from this order that the present appeal arises.

Transfer Petition No. 168 of 1983 is to transfer the criminal revision petition pending before the High Court to this Court, to be heard along with the criminal appeal.

We do not think it necessary to enter into the questions of law raised by the accused against the application made by the father of the deceased u/s 482 Cr. PC before the High Court. In such cases we must be influenced more by a sense of justice than by mere technicalities of law. We are told, that the police was inactive on the complaint by the father. The complainant says that his daughter died under mysterious circumstances. It is necessary in such cases, to see that the ordinary citizen does not lose his faith in the police and in courts. There are cases in which we have to discard technicalities and promote justice. This is one such. Accordingly we dispose of the criminal appeal and the transfer petition with the following directions:

(1) The learned Sessions Judge will call to his file the criminal case pending before the Judicial Magistrate, Mansa, initiated by the police against the mother-in-law of the deceased girl.

(2) He will proceed with the Sessions case committed before him first.

(3) After the conclusion of the arguments in that case, he will proceed with the trial of the police charge case.

(4) He will pronounce judgment in both the cases together on the same day.

We are told that the accused are on bail as per orders of this Court. Should a situation arise making it necessary for the complainant to move for cancellation of bail, we make it clear that the fact that this Court has granted bail, will not stand in the way of the learned Sessions Judge, disposing such applications if made on merits.