DALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is the second regular bail petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in FIR No.205 dated 29.10.2020 (Annexure P-1) under Sections 323, 406, 498A, 376, 511, 496, 506 of the Indian Penal Code, 1860 registered at Police Station Nigdu, District Karnal. The first petition under Section 439 CrPC (CRM- M-42438-2020) was dismissed as withdrawn on 21.12.2020.

(3.) The petitioner is the husband of the complainant. The other accused persons named in the FIR are the father-in-law, brothers-in-law and sisters-in-law of the complainant. As per the allegations in the FIR dated 29.10.2020 (Annexure P-1), the petitioner and the complainant were married on 23.02.2014 as per Sikh rites and ceremonies and there is a five year old son out of the wedlock. The complainant alleges that her father spent around rupees twenty five lakhs on the wedding on the asking of the accused. A Maruti Celerio car, a Splendor motorcycle, gold ornaments, istridhan was given to the accused. It is alleged that right from the beginning the accused blamed the complainant for bringing less and inferior dowry, that they had demanded an Innova car instead of the Maruti Celerio given, rupees twelve lakhs was demanded for purchasing a flat in Mohra. After three months the petitioner started beating the complainant and started remaining in an inebriated state and used to beat the complainant in a drunken state. When the complainant brought this to the notice of the other accused they instead started blaming the complainant. It is alleged that when the state of the petitioner deteriorated because of his addiction, the in-laws of the complainant got the petitioner admitted in a drug de-addiction centre for two years. During this period the brother-in-law (accused no.3) of the complainant started making advances towards her and wanted to develop illicit relations. Even the other brother-in-law (accused no.5) made advances towards her and forced her to have illicit relations with her. When the complainant brought the acts of her brothers-in-law (accused nos.3 and 5) to the notice of her sister-in-law (accused no.6) she, instead of counselling the brothers-inlaw, started siding with them and threatened the complainant that she has illicit relations with them or she would lose her life. The complainant was harassed and beaten by the accused for about four years. It is alleged that the mother-in-law of the complainant died on 22.08.2019 when her parents and relatives had visited her in-laws house and brought to the notice of the accused the atrocities being committed on the complainant when the accused had sought forgiveness and assured them that the complainant would not be harassed in future nor any demand for dowry would be made nor she would be beaten. On 01.12.2019 when the complainant was sleeping at night alone in her room her brother-in-law (accused no.3) forcibly entered her room and laid down next to her while she was sleeping and started molesting her to attempt committing rape on her. The complainant made noise and wife of the accused no.3 i.e. her sister-in-law (accused no.4) came and instead of admonishing her husband started beating the complainant. The petitioner was not at home on that day and when he came home in the morning the complainant told him about the incident of the previous night when all the accused gathered and locked the complainant in her room and beat her with sticks, kicked her, boxed her which caused her injuries and her left eye was injured and she lost her vision. The complainant rang up her home and her mother came and took her and seeing her condition she was taken to PGI Chandigarh where her eye was operated upon. The other injuries suffered by the complainant were also got treated. A panchayat was held at the house of the accused who abused the complainant and the other persons who had come and threatened that the complainant should bring Innova car and rupees twelve lakhs for the plot otherwise she would not be allowed to enter the house and took the istridhan of the complainant in their possession and locked the room of the complainant and asked everyone to leave otherwise they would be killed. The complainant returned to her home and has been staying at her parents house since then. It is also alleged that the petitioner was convicted earlier, which fact was hidden before the marriage by the accused, and he threatens the complainant that he has committed murder earlier and will also kill the complainant.