SISO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Siso has filed this petition under Section 439 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) praying for grant of bail in case bearing First Information Report No. 14 dated 31.7.2001. under Sections 304-B/34, Indian Penal Code, registered at Police Station Bilga, District Jalandhar.

(2.) The present case was registered on the statement of complainant Gurmukh Singh son of Gurdey Singh resident of Village Dhaliwal Police Station Nakodar Balbir Singh uncle of the complainant had to daughters namely Kamaljit Kaur and Balwinder Kaur, Kamaljit Kaur was married with Baljinder Singh alias Tony son of petitioner Siso and Sohan Singh about two and a half gears prior to the occurrence. At the time of the marriage dowry articles were given according to the financial status of Balbir Singh. A week after the marriage of Kamaljit Kaur Balbir Singh had left for Bahrain leaving behind his wife Avtar Kaur alias Taro and daughter Bahyinder Kaur Right from the inception of the marriage. Baljinder Singh alias Tone and his mother petitioner Siso started harassing Kamaljit Kaur on account of insufficiency of dowry. After the expiry of one year both the accused pressed Kamaljit Kaur to bring Rs. 10,000/- from her parents as this amount was needed by them to meet the litigation expenses in respect of some land dispute. On being informed by Kamaljit Kaur with regard to the demand to made. Smt. Avtar Kaur alias Taro gave Rs. 10,000/- to the accused after raising a loan from her relatives. The accused persisted with further demand of cash amount and when Kamaljit Kaur explained to then that her parents had no further capacity to pay any cash amount demanded by them they quarreled with her. On 31.7.2001, accused Baljinder Singh alias Ton, and the petitioner-accused Siso brought Kamaljit Kaur to village Dhaliwal in a semi-conscious condition in Tata Sumo bearing registration No. PB-OB-V2533 the informed the complainant party that Kamaljit Kaur had consumed some poison. Thereafter, Kamaljit Kaur as taken to Dr. Khera resident of Village Noor Mahal and from there she was shifted to Civil Hospital, Nakodar. The doctor at Civil Hospital Nakodar after giving first-aid treatment to Kamaljit Kaur, advised the complainant part to take her to Civil Hospital, Jalandhar, When they reached Civil Hospital, Jalandhar, she was found dead by the doctor. After completion of investigation challan has been filed in Court.

(3.) Learned counsel representing the petitioner-accused, while pressing for her bail, has vehemently urged before me that there is no eye-witness to the crime and false accusations of demand of dowry harassment and cruelty have been levelled by the complainant against her. Counsel further submitted that Kamaljit Kaur was a hyper lady and for the reason she could not bear the ordinary sensitive petulance, discord and differences in domestic life which is a common feature in every house. She committed suicide, but the petitioner-accused had no role to play not she abetted the crime.