JAYANTI PRASAD GOEL Vs. SUMITRA JAIN

JUDGEMENT

(1.) This is an application by the petitioner-complainant under section 439 (2) ofthe Code of Criminal Procedure, 1973 for cancellation of bail of the respondents.

(2.) The petitioner is the father of the deceased Smt.Chhama Jain. On July 4, 1991 marriage of Chhama Jain was solemnised with Suresh Jain. On April 5, 1992 Chhama Jain died of burn injuries. At the time of death, she was six month's pregnant. The incident took place in the matrimonial home ofthe deceased.

(3.) On April 6, 1992 the petitioner Jayanti Prasad Goel, father ofthe deceased lodged a report about the incident. In the report it was, inter-alia, stated that after four months of marriage, when Chhama came to the paternal house,she told him that her sisterin-law, Savita& mother-in-law, Sumitra were harassing her for bringing insufficient dowry. After five and a half months of her departure to the in-law's house, Suresh husband of the deceased came to the house of the complainant and demanded a sum of Rs. 15,000.00 but was given only Rs.5,000.00 by the complainant, as the financial position of the latter was not good. Thereafter Suresh accompanied by deceased again visited the complainant and demanded the remaining amount of Rs.10,000.00 . Shri Jayanti Prasad not being in a position to pay, expressed his inability to fulfil the demand at that juncture. He however, assured Suresh that he would be paid Rs.10,000.00 in due course of time. Then on April5,1992 at about9.30 p.m. Jayanti Prasad heard from his nephew, Bharat Vir Goel, that Chhama had suffered burn injuries. According to the complainant the deceased was either burnt to death by her in laws on account of non-fulfilment of the demand of dowry or she committed suicide on being harassed and tortured by them. On the report of the petitioner, the FIR was registered against the accused persons including the respondents under sections 398A/ 304B/34 of the Indian Penal Code.