ASHOK KUMAR BANGA Vs. YADAV RAI

JUDGEMENT

(1.) IT is an application for cancellation of bail granted to Yadav Rai son of Kanshi Ram and Kanshi Ram son of Nand Lal, by the Additional Sessions Judge, Barnala vide his order, dated September 25, 1990, in a case under Sections 304-B/306/34, Indian Penal Code.

(2.) THE prosecution case is that marriage between Yadav Rai and Nirmala Devi was solemised about six years ago and from this wedlock Nirmala Devi gave birth to a daughter who is aged about 3-1/2 years. Her husband and in-laws ill-treated her because of her having not brought sufficient dowry in the marriage. It is urged in the First Information Report that at about 3.30 P.M. on July 12, 1990 the brother of Nirmala Devi (deceased) named Ashok Kumar went to see her at her in-laws house. He saw her burning and tying on the ground.After that, he went back to his home town Nabha and returned to Barnala along with his relatives on the same day and the matter was reported at about 9.30 P.M. at Police Station, Barnala. It is further alleged that the six accused persons were present in their house when the first informant Ashok Kumar saw his sister Nirmala Devi burning and that all of them were in jovial mood, notwithstanding the ghastly scene of her person on fire.

(3.) AFTER considering the whole evidence on the record the learned Additional Sessions Judge, Barnala allowed bail to Yadav Rai and Kanshi Ram, accused-respondent. While granting the concession of bail to the accused persons, the Additional Sessions Judge apart from, other points, discussed about the lodging of the First Information Report as under :-