YADWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The conspectus of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition, for pre-arrest bail and emanating from the record, is that the marriage of complainant Jasvir Kaur, daughter of Jarnail Singh (for brevity "the complainant") was solemnized with petitioner Yadwinder Singh son of Shinder Singh Ghuman, on 16.2.2007, according to Sikh rites & ceremonies. Sufficient dowry articles, mentioned in the list of articles (Annexure C2) were stated to have been given by her parents at the time of marriage, but the petitioner & his other co-accused were not satisfied. After six days of the marriage, the petitioner started to beat her and demanded the dowry articles through his sister. The complainant narrated her tale of woe to her brother and he brought & handed over some dowry articles to the accused, but still, they were not satisfied and declared that the dowry articles were of inferior quality and were not upto their status. Thereafter, the accused asked her to bring a car or an amount of Rs. 2,50,000/- from her brother in lieu thereof or to leave the matrimonial home. It was claimed that her brother took a loan of Rs. 2,00,000/- by mortgaging the land with Malwa Grameen Bank, Ghanaur and gave the same to the petitioner.

(2.) Sequelly, the case of the prosecution further proceeds that on 21.12.2007 at about 4 AM, labour pain started to the complainant, but no body cared for her. Even the petitioner had gone to his office. She was compelled to perform her household duty in painful condition. However, in the evening, the petitioner came and his elder sister told him to take the complainant to hospital and declared that in case, she died at home, they all would be in trouble. Thereafter, the petitioner took her to the hospital and left her alone there. Ultimately, she was turned out of the matrimonial home. After 5/6 months, she again went to her matrimonial home and accused again asked her about the dowry articles brought by her from her brother. They again demanded a car. Her brother gave Rs. 1 lac after withdrawing from the bank and handed over the same to the accused on 17.7.2008, but in vain. According to the complainant that even some time, they used to snatch food from her hands and her son used to cry due to hunger and nothing was brought for him. Then, on one day, her sister-in-law and mother-in-law were likely to pour bottle of oil on her and she snatched it from them and locked herself in a room.

(3.) Leveling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, according to the complainant that although the indicated dowry articles and cash were given at the time of marriage and after marriage, but petitioner-husband taunted, harassed, tortured and treated her with cruelty in connection with and on account of demand of dowry. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner and his other co-accused, vide FIR No.82 dated 29.12.2011 on accusation of having committed the offences punishable under sections 406 & 498-A IPC by the police of Police Station Ghanaur, District Patiala.