SEEMA PURI Vs. STATE

JUDGEMENT

(1.) Rashmi, the deceased was married to Navin Puri, petitioner No. 3 on 17-2-1988. Seema Puri, petitioner No.1and D.R.Puri, petitioner No 2, are parents of Navin Puri. Rashmi committed suicide on 3rd April 1989 by drinking two glasses of kerosene oil and then by dousing herself with kerosene oil and setting herself ablaze. The petitioners are being prosecuted for offences under Sections 304B/406/498A IPC. On 21st July 1989 the bail applications or the petitioners were dismissed as withdrawn by orders made by R.L Gupta. J (Cr. Misc. Main 793/89 and Cr. Misc. Main 928/89) Another application filed by Seema Puri was dismissed by Gupta, J. on 21st August 1989 by a detailed order (Cr. Misc Main 1245/89). On 3rd October 1989 the bail application filed by the petitioners was dismissed as withdrawn by Santosh Duggal, J. (Cr. Misc. (M) 1547/89). By the present application petitioners have again approached this court. seeking bail.

(2.) . The dismissal of earlier bail applications cannot operate as a bar So the petitioners again approaching this court. In Babu Singh & Ors v. State of UttarPradesh AIR 1978 SC 527, Justice Krishna Iyer speaking for the Supreme Court said "But an order refusing an application for bail doesnot necessariliy preclude another. on a later occasion, giving more materials, further developments and different considerations." The present application is not barred and thus I proceed to consider the contentions of learned counsel for the parties,

(3.) . Firstly, it is contended that the deceased on learning that she may be expossed that she had number of abortions may have decided to end her life. It is urged that the medical check up of the deceased in March 1989 had revealed that she had enlarged multiparous type of uterus which according to the learned counsel for the petitioners is demonstrative of the fact that she had number of abortions. It appears that in Cr. Misc. 1245/89 a medical certificate purported to be issued by Madan's Ultra Sound Centre was filed The said certificate was verified by the investigating Officer from Dr. A K. Gupta of the aforesaid Madan Ultra Sound Centre who mentioned in a note appended on the said certificate that the word is 'Nulliparnus. 'Nulliparnus' means a woman who has never born a viable child. Learned counsel for the petitioner vehemently criticised the said note on the certificate However, the criticism of leamed counsel will be done into during the course of the trial. From reading of the certificate, primafacia, at this stage. it is not possible to agree with the contention that the deceased had multiparous uterus Reliance was aslo placed on a certificate issued by Dr. Deepak Chawla according to, which the examination of Rashmi Puri on 24 March 1989 shows 'enlarged multiparnous type of .uterus'. The certificate from Dr. Deepak Chawla was filed alongwith the present application for bail. it had not been filed with the earlier applications. The Inveatigating Officer has filed an affidavit, inter alia, statiag that when he went to verify the certificate dated 24th March 1989 given by Dr. Deepak Chawla, firstly, he avoided to meet the Investigating Officer and then on meeting the Investigating Officer the doctor was hesitant to commit definitely and specifically in regard to the certificate The doctor is stated to have told the lnvestigating Officer that he does not remember any Mrs. Rashmi Puri having been examined by him, he did not know whether she was wifeof Navin Puri;he did not maintain any receipt of the charges for examining her; he did not maintain any record with regard to the said case stating that probably it was a free case. The doctor, however, admitted his signature on the certificate. In this background much reliance on this certificate cannot be placed at this stage, in support of the contention that the deceased had enlarged multiparous type of uterus. Those aspects will be examined duling the trial