RAJU MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner, Raju Masih, son of Shammi Masih, who has been booked for having committed the offence punishable under Section 306, IPC, in FIR No. 75, dated 21.10.2010, registered at Police Station, Dera Baba Nanak, District Batala.

(2.) The brief facts of the case are that Seema, wife of the petitioner, was admitted in the Deep Hospital, Amritsar, in a burnt condition. SI Harjit Singh reached there, but by that time Seema had died. Lada, brother of Seema, got recorded his statement to SI Harjit Singh, to the effect that Seema was his sister; her marriage was solemnised with the petitioner about four years ago; out of the said marriage, she was blessed with a son, who was aged 21/2 years at the said time; after the marriage, the petitioner and his other family members started quarrelling with Seema, as a result of which she came to her parental house; the complainant and his other family members made her understand and sent to the house of her husband; on 20.10.2010, Seema along with her husband and minor son attended the death anniversary of Dannial, the elder brother of the complainant and all of them returned to their house; on the same day, the complainant received a telephonic message from the petitioner, Raju Masih, that Seema was very serious and admitted in the Deep Hospital, Amritsar; the complainant along with his parents went to the Deep Hospital, Amritsar, where he learnt that his sister being fed up of her life at the hands of Raju Masih and other family members, had finished her life after sprinkling kerosene oil on her. He further came to know that Raju Masih was edicted to alcohol and used to beat Seema under the influence of liquor.

(3.) Consequently, the instant case under Section 306, IPC, was registered and after investigation the report under Section 173, Cr.P.C., was filed for the prosecution of the petitioner only. The petitioner was charged for the offence punishable under Section 306, IPC, and after examination of two witnesses, i.e. the complainant and his father, an application under Section 319, Cr.P.C., was moved by the prosecution and the co-accused of the petitioner were ordered to be summoned for facing the trial along with the petitioner.