ISHWATI DEVI Vs. STATE

JUDGEMENT

(1.) I have given my thoughful consideration to these submissions and have also gone through the relevant statements and the medical including the post mortem examination report. According to the prosecution story, soon after her marriage Smt. Seem (deceased) was being harassed for bringing less dowry and was even given beatings by the petitioners and their son Hans Raj. There has been a demand of even a Maruti Car. Not only that there are allegations that the petitioners and their son got a letter written from Smt. Seema addressed to her brother Navin, to the effect that she was having illicit relations with him and on the basis of that letter they started black mailing her and her parents. It is also in the statement of witnesses that on a account of his harassment and getting a letter written from her about having illicit relations with her own real brother, she was mentally upset to the extent that she was unable to reach her home when given beatings and turned out of their house by the petitioners on 13-6-1991. She was mentally disturbed thereafter till she was taken to the Kolmet Hospital on 20-6-1991. It has clearly been written in the report from the Kolmet Hospital that at the time of getting her admitted there were complaints of incoherent behaviour, disturbed sleep, agitation and irrevalent talking for 8 days.

(2.) IT has also come in the supplementary statement of Bhim Sen that while sleeping Smt. Seema used to cry by saying that her husband, father-in-law and mother-in-law were coming having iron rods in their hands and saying that she would be made blind by them with the use of iron rods. Appearently she was caused harassment and given beatings by the petitioners till 13-6-1991, the day on which she was taken to the house other parent and remained in that condition. She died on 24-6-1991 while admitted in the hospital. There is no doubt that as per the postmortem report Smt. Seema died due to cradiac respiratory arrest following the aspiration, but at this stage it cannot be said that she died in normal circumstances keeping in view the history and the circumstances under which she left the house and the mental condition in which she was till her death. Considering all these facts I am clearly of the view that no case is made our for bail. As a result applications are dismissed.