BALBIR SINGH Vs. STATE

JUDGEMENT

(1.) Petitioners who are the father-in-law and husband respectively of the deceased Smt. Kavita are facing prosecution for offences under Sections 498-A/304-B/201/34 IPC. They have applied for grant of bail,

(2.) I have heard arguments advanced by learned Counsel for the parties." The brief facts are that on receipt of a DD report No. 5-A dated 24.9.92, Sh. Raj Kumar reached J.J. Colony, Tigri and found that the deceased Smt. Kavita had already been cremated on 23.9.92. The parents of the deceased were not found available. They were accordingly called from their village in Haryana. The came on 25.9.92 and Sh. Jai Bhagwan, brother of deceased gave a statement to the police as follows : "I am working in the Punjab National Bank. We are 2 brothers and 4 sisters and are residents of Village Nehra, District Sonepat. Kavita is the youngest and was married on 5.4.92 to Sanjay Kumar (petitioner No.2). At the time of the wedding we spent Rs. 1.5 Lakhs so that my sister could live peacefully. After a few days her in-laws started taunting her about bringing insufficient dowry. When she came home for the first time after marriage, she said that troubled her for bringing less dowry. I pacified my sister and al Mr. Balbir Singh. (who is father-in-law and petitioner No. 1). After a few days Kavita went back to her home. When I went to meet her after a few days she told me that Sanjay used to trouble her by saying that she did not bring scooter, car etc. and on that account be used to beat her. I was very pained on hearing this and I talked to Sanjay's father who assured me that there would be no complaints in future. Later we came to know that Sanjay was carrying on with another girl. On the night of 22.9.92 at about 1.30a.m. Sanjay, Dhan Singh, Raghubir and Jai Bhagwan came and told me that my sister was serious and was admitted in Hospital and that she wanted to talk to me. I went with them immediately to Batra Hospital where the Doctor told me that Kavita was brought dead. On 23.9.92, by about 11 a.m., my mother and father came from the village. During this time I was not allowed to see my sister. At 12 noon, my sister was cremated at Dakshin Puri cremation ground. Due to the death and pressure from the people I could not protest but now I suspect that either my sister was poisoned or that her death was due to her consuming poison. I suspect Sanjay, his father Balbir, Sanjay's motherland brother Ajit."

(3.) Learned Counsel for the petitioners contended that the relatives of the deceased Kavita attended the cremation and they did not raise their finger at that time about any un-natural circumstance surrounding the death of Kavita. He further contended that according to the report of the CFSL the death is not due to poisoning and, therefore, the case having been 530 registered against the petitioners on the suspected poisoning falls to the ground because the CPSL report negatives that aspect. He further contended that it is also mentioned in the MLC prepared in Batra Hospital that information was given to PS Dr. Ambedkar Nagar and if the police did not take any action in the matter, even after information, the petitioners could not be blamed and in any case the circumstances were such that the petitioners were entitled to the grant of bail. Lastly he contended that the deceased had actually died because of a fall. On the other hand on behalf of the State, it is pointed out that the deceased was taken to Private Hospital where a proper MLC was not prepared. It does not even mention as to what history was given in respect of the deceased at the time of her admission in the Hospital. She was taken to the Hospital by the family of the husband and, therefore, they did not disclose the circumstances in which her death had occurred. The marriage took place in this case only on 5.4.92 and she was found dead just after about 5 month of the marriage on 23.9.92.