(1.) Petitioner is seeking regular bail in case FIR No.46, dtd. 2/7/2019, under Ss. 306 and 34 IPC (offence under Sec. 306 IPC stands deleted and offence under Sec. 302 IPC stands added), registered at Police Station Khalra, District Tarn Taran.
(2.) Briefly the FIR has been registered on the basis of the statement of Sukhdev Singh, the father of the deceased alleging that the marriage of his daughter, namely, Hina was solemnized with Ranjit Singh @ Gora, who is the brother of the petitioner, about 8 years prior to the occurrence. The husband of the deceased had gone to Gujarat about 3 months prior to the occurrence for doing labour work. The petitioner along with his father Joginder Singh used to harass the deceased. On 1/7/2019, the deceased committed suicide by hanging herself.
(3.) Learned counsel for the petitioner contends that initially the case was registered under Sec. 306 IPC and subsequently the said offence has been deleted and the offence under Sec. 302 IPC has been added. The petitioner along with his father have been arraigned as accused. The offence punishable under Sec. 302 IPC has been added subsequently on the basis of medical opinion without any other incriminating evidence. Further more, during the course of trial, the complainant, who is the father of the deceased has been examined but he has not supported the prosecution version. He has categorically and specifically deposed during the course of trial that the deceased was not having any dispute with her husband or other family members and she was residing happily in the house of her-in-laws. He had also deposed to the effect that neither the husband nor brother-in-law nor father-in-law of the deceased ever tortured her. There is nothing to suggest that deceased or any member of parental family has submitted any complaint against the petitioner of his co-accused at any forum during her life time. The petitioner is in custody for a period of 1 year, 4 months and 25 days and only 3 out of 21 witnesses have been examined so far.