INDER RAJ Vs. STATE

JUDGEMENT

(1.) Petitioner is the father of Rajbir Singh who wasmarried to the deceased Gulab Devi on 17.6.1990. He is facing prosecutionalong with his son Rajbir Singh and wife Smt. Jagwati. Jagwati is on bailand he has also prayed for bail in this application.

(2.) I have beard arguments advanced by learned Counsel for theparties. The case of the prosecution is based primarily on the statementdated 27.7.92 of Smt. Mohan Devi mother of the deceased. She stated thatshe had married her daughter to Rajbir Singh about 2 years back. She wasabout 20 years old and had a son of about 11 months. After marriage,Rajbir Singh and his parents used to harass her daughter for bringing moredowry. They even used to beat her. Whenever the deceased came to herhouse, she complained about Rajbir Singh and his parents who some timedemanded money for buying a buffalo or at other times demanded a coolsror a fridge. She could not fulfil these demands. As a result, the deceasedlived in constant trouble. On 24.7.92 on account of TEEJ festival heryounger son Mahender went to Palam. On that day also Rajbir and hisparents gave beating to Gulab Devi deceased as a result of which she finishedher life by throwing herself before the train out "of frustration. Her statement is supported by her son Satbir Singh and Mahender Singh. MahenderSingh is one who had visited his sister's house on TEEJ festival day I.e. on24.7.1992. He saw beating being given to her by Rajbir Singh and hisparents. At that time his sister told him that he should go back or otherwisethey will beat him also and so he returned to his village. His age is only 15years. There is another supporting statement of ltwari Lal, maternal uncleof the deceased.

(3.) Learned Counsel for the petitioner contended that the statementof Smt. Mohan Devi, mother of the deceased is only a hearsay evidence because the alleged complaint made to her by the deceased regarding thealleged beating, harassment and demand of dowry to her are not corroborated by any other evidence. I am afraid it is not possible to say that thestatement of Mohan Devi is in the nature of hearsay evidence. She is theone to whom the deceased had been complaining about the alleged ill-treatment, beating and demands of dowry. Moreover, we have the statementof Mahender Singh, brother of the deceased who actually saw her being subjected to man-handling by the husband and has parents. It was only on25.7.1992, that is, the day next to the TEEJ festival that she is alleged tohave committed suicide. It is not possible to say at this stage that the siteplan indicates it to be a case of an accident suffered by the deceased whileshe was returning after answering the call of nature and so many circumstances will have to be seen in this respect and at this stage the circumstancesdo indicate prima fade the harassment to the deceased on account of demandof dowry and her consequent death in un-natural circumstances.