SUSHIL KUMAR Vs. STATE

JUDGEMENT

(1.) Sushil Kumar @ Sushil Kumar Batra has filed thisapplication for bail for the offences under Section 304/498A and in the alternativeSection 306 read with Section 34, Indian Penal Code in case FIR No. 536/92, PoliceStation Paschim Bihar.

(2.) According to the prosecution story the petitioner, Sushil Kumar @ SushilKumar Batra, was married to Seema on 7.3.1991 and out of this wedlock one femalechild was born on 31.1.1992. Seema died on 1.11.1992 and the post-mortemexamination was conducted on 2.11.1992. After the receipt of report of CFSL thedoctor gave his opinion that death was due to Baigon poisoning. Case wasregistered on the basis of the statement of Vipin Babbar, brother of the deceased,recorded by the S.D.M. It was inter alia stated by the complainant, Vipin Babbar,that his sister Seema was married to Sushil Kumar @ Sushil Kumar Batra on7.3.1991 as per Hindu rites and for about one month everything was normal but,thereafter, her in-laws started taunting her for not bringing sufficient dowry. It wasalso stated by him that her husband used to taunt her for not bringing differentarticles and initially she did not disclose this fact to them but when they came toknow if it he and his family member consoled her by saying that everything wouldget settled. He had also narrated about his visits to the house of Seema and havingfound injury on her forehead and informed by Seema that it was inflicted by herhusband with a flower-pot. He has also claimed that Seema came to their houseon the occasion of Bhai Dhuj and expressed a desire for not being sent back to thein-laws as she apprehended that she would be killed and that even on an earlieroccasion she wanted to come back to the house of her mother but a request wasmade to her not to do so by Ashok, elder brother of her husband. It was alsoclaimed by him that on 1.11.1992 it was the birth day of her younger sister Renuwhere Seema and Sushil Kumar @ Sushil Kumar Batra were to participate and atabout 8.30 p.m. a telephone was received from Seema that they would not be ableto join them and that Renu gave advice to Seema not to feel agitated and that sheshould not do anything and that about 20/25 minutes later they received atelephone that Seema was lying and that they did not have any vehicle for removingher. He claimed that they reached the house of Seema after about half anhour whenUsha, wife of Chander, elder brother of Sushil Kumar @ Sushil Kumar Batra, metthem and on persistent enquiry was told that she has been removed to West CityHospital, Mansrover Garden and on reaching there they came to know that she wasdead. It was further stated that at that time Sushil Kumar @ Sushil Kumar Batraadmitted his guilt and begged to be excused.

(3.) During investigation of the case, statements of the witnesses were recorded, including those of Smt. Narinder Kumari, mother; Naresh, borther; Ms.Renu, sister, of the deceased and Smt. Sudesh Arora, a relation of Smt. NarinderKumari.