LAWS(SC)-2021-10-11

VIPAN KUMAR DHIR Vs. STATE OF PUNJAB

Decided On October 04, 2021
Vipan Kumar Dhir Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The challenge laid is to an order dated 28.01.2021 passed by the High Court of Punjab and Haryana whereby anticipatory bail has been granted to Respondent No.2 (hereafter 'Respondent­Accused '), who is the mother­in­law of the deceased and is charged under Sections 304B, 302 read with 120B of Indian Penal Code (for short "I.P.C.").

(3.) The prosecution version in brief is that the appellant (hereafter 'Complainant '), who is the father of the deceased, lodged an FIR dated 02.10.2017 against 7 accused persons, 4 of whom are members of the laws family of the deceased including the Respondent­Accused. The Complainant has alleged that his daughter was married to the son of Respondent­accused on 28­07­2017. Soon thereafter, the accused family members started to harass and physically torture the deceased on the pretext of dowry demands. His daughter died an unnatural death on 02­10­2017 in suspicious circumstances. There are specific allegations vis­a­vis Respondent­Accused alleging that she exploited the deceased and deprived her of any chance to recuperate from the arduous domestic chores. This was despite the fact that deceased was also working as a full­time lecturer in the local government college. It was further alleged that due to non­fulfilment of the dowry demands, the vicious cycle of humiliation and abuse continued to be meted out to the deceased. The deceased contacted the Complainant on 30­09­2017 and informed that she had been again physically tortured because of her failure to meet their dowry demands. The Complainant assured that he would try to amicably settle this household squabble by coming to her marital home on the very next day. However, this assurance could never be materialised as the accused are alleged to have clandestinely administered poison to the deceased on 01.10.2017, which led to her unfortunate demise the following morning. It is to be noted that the factum of poisoning is supported by medical evidence gathered by the Investigating Agency.