KANWALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners in above mentioned petitions have prayed for grant of regular bail under Section 439 Cr.P.C in case FIR No.14 dated 27.02.2019 registered under Sections 302 and 201 of Indian Penal Code, 1860 at Police Station Ghoman Police District Batala, District Gurdaspur. Petitioners are in custody since their arrest on 27.02.2019.

(2.) The FIR was registered on the basis of the statement of complainant, namely, Nishan Singh son of Makhan Singh wherein it was alleged that he works as a labourer and has six brothers and sisters. His sisters were married whereas one brother, namely, Khushdeep Singh was unmarried. Complainant's younger brother-Satnam Singh was married to Kanwaljit Kaur (petitioner in CRM-M-5930-2020) and they were blessed with a son and a daughter. Complainant's sister-in-law had illicit relations with one Gobinda (petitioner in CRM-M-7132-2020) who used to meet her in the midnight. On the date of occurrence, all family members went for sleep in their respective rooms but in the morning Satnam Singh did not wake up. All members came to know that Satnam Singh had died. Kanwaljit Kaur informed that he had died due to heart attack. When the victim was given a bath, the marks of strangulation on the neck of the Satnam Singh were noticed, however, the body was cremated. According to the complainant, Kanwaljit Kaur in connivance with Gobinda murdered Satnam Singh by strangulating after giving him sleeping pills. On these broad allegations, FIR was registered after a delay of 13 days.

(3.) Learned counsel for the petitioners contends that the FIR was lodged against the petitioners on the basis of suspicion alone as there is no evidence with the prosecution to establish the homicidal death of the victim, namely, Satnam Singh. It is pointed out that the investigation of the case is complete and the trial has commenced and the material witnesses including the complainant have been examined by the prosecution. It is further pointed out that there is delay of 13 days in filing the present FIR. He submits that the trial is likely to consume considerable time, therefore further custody of the petitioners may not be necessary. He prays that the petitioners be released on regular bail during the pendency of the trial.