DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DALJIT Singh is praying for regular bail in case FIR No. 139 dated 10.8.2003, registered under Sections 306/304-B IPC at Police Station, City Tarn Taran.

(2.) BALJEET Kaur is the deceased who got married about six years prior to her unnatural death. The present case is registered on the statement of her brother Didar Singh against the present petitioner and his two co-accused, namely, Baljit Singh and Kashmir Kaur. Baljit Singh and Kashmir Kaur have been granted bail by the learned Additional Sessions Judge, Amritsar on January 8, 2003, whereas the relief of regular bail was declined to the present petitioner vide the same order. Hence, this petition.

(3.) LEARNED counsel for the petitioner contends that in fact Baljeet Kaur had consumed some poisonous substance on 30.7.2003 and she was ultimately removed to a private hospital known as Pt. Nathu Ram Memorial Hospital, Jandiala Road, Tarn Taran. She was got admitted by the mother of the present petitioner and one Gursewak Singh, the brother-in-law of the petitioner. Learned counsel for the petitioner relies upon Annexure P-1 in this regard. It is then contended that she was thereafter shifted to Mahajan Hospital, Khazana Gate, Amritsar for further treatment on 5.8.2003. The intimation was also sent to the concerned police quarters and the concerned police official reached the hospital and recorded the statement of Balwinder Singh, the father of the deceased in which he has categorically stated that his daughter consumed something by mistake taking it as medicine and was got admitted in the hospital on 30.7.2003, thereafter she was shifted to Mahajan Hospital, Khazana Gate, Amritsar. According to the learned counsel at that stage Balwinder Singh had not shown any grouse against any-one but after the death of Baljeet Kaur on 10.8.2003, the present case was registered against the present petitioner and his two co-accused. Learned counsel further contends that initially the case was registered under Section 306 IPC but subsequently it was converted into Section 304-B IPC. Relying heavily on the aforesaid submissions, the learned counsel prays for bail.