PARVEEN MALHOTRA Vs. STATE

JUDGEMENT

(1.) Sentiments and emotions have no part to play in the judicial pronouncements. The judicial discretion cannot be allowed to be swayed by emotions and indignation even in cases where it is alleged that the accused has committed a grave offence.

(2.) Bride burning is undoubtedly a very grave and heinous crime. In bride burning cases even death sentence may not be improper. Undoubtedly, persons who perpetuate such barbaric crimes without any human consideration, on proof of guilt, deserve the extreme penalty so that it may operate as a deterrent to other persons from committing such anti social crimes. This, in brief, is the ratio of various decisions relied on behalf of women organisation while vehemently oppoing the grant of bail to the petitioner.

(3.) Petitioner named Forveen, his father, mother and sister are being prosecuted for offences under section 498A, 302 and 120B Indian Penal Code . Parveen and deceased Shalini were married on 4th December 1987. Shalini received burn injuries at about 10 P.M. on 21st April 1989. The incident of burning took place at premises No. A-32, Defence Colony, New Delhi, namely, office of Parveen. Shalini was admitted to Ram Manohar Lohia Hospital on 22nd April 1989 at about 12.15 A.M. where she succumbed- to her injuries on 28th April 1989. Petitioner alongwith his parents and wife Shalini was residing at another premises in the same Colony i.e. A-111 fence Colony, New Delhi. The residential premises are stated to be about 200 yards away from the office premises.