AJAIB SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) SMT . Somta Devi d/o Sawan Ram r/o Village Kiareda Khurd, P. S. Sadar, Yamunanagar was married to Jagir s/o Nanha Ram r/o Unehri on 25. 5. 1995. He had given dowry befitting his financial position and status in marriage. After having stayed with her husband for 16-17days of marriage, Smt. Somta Devi came to her parents and told them that her husband Jagir and his elder brother's wife Bimla were taunting her and harassing her as they were not satisfied with the dowry which she had brought in marriage and had desired her to bring Rs. 10,000/- from her parents if she wanted her rehabilitation into the matrimonial home. Thereupon, Nanha Ram father of Jagir was called at the house of Sawah Ram-father of Somta Devi at Village Kareda Khurd and appraise him that Somta Devi had been beaten and that his son Jagir and his daughter-in-law Bimla were laying demand for Rs. 10,000/- upon Somta Devi and that they were not able to fulfil this demand as they were poor. Nanha Ram assured them that in future there would be no repetition of such demand or ill treatment to Somta Devi.

(2.) ON 27. 6. 1995, Jagir took Somta Devi to Village Unehri and at about 4. 30 p. m. on 2. 7. 1995, Karam Chand s/o Nanha Ram informed the family that Somta Devi had expired on 2. 7. 1995 at 2/2. 30 p. m. On receipt of this information Ajaib Singh, Bisakhi Ram, Budh Ram and Rulia etc. went to Village Unehri and found Somta Devi lying dead in a room with bums. Somta Devi burnt herself to death because she was unable to bear the taunts, harassment and torture at the hands of her husband Jagir and Jethani-Bimla whose demand for dowry, she could not fulfil. Case FIR No. 138 dated 2. 7. 1995 was registered under Sections 304-B/34 of the Indian Penal Code at Police Station, Radaur against Jagir and Smt. Bimla on the statement of Ajaib Singh uncle of Somta Devi. Jagir and Smt. Bimla Devi were arrested as a sequel to this case.

(3.) AJAIB Singh uncle of Somta Devi who is author of this FIR has moved an application under Section 439 (2) of the Code of Criminal Procedure, 1973 for the cancellation of bail allowed to Bimla Devi by the Addl. Sessions Judge, Jagadhri vide order dated 21. 7. 1995. It has been submitted by Mr. N. L. Sammi learned Counsel for the complainant/author of this FIR that Somta Devi was married on 25. 5. 1995. She was sacrificed at the altar of dowry on 1. 7. 1995 i. e. , barely after 37 days of her marriage by her husband Jagir and Jethani-Bimla. It was a dowry death. Dowry deaths are on the increase. Dowry deaths are a great social stigma. Legislature has in its wisdom provided imprisonment for life for 'dowry death'. While providing imprisonment for life for dowry death. Legislature was aware of the gravity and seriousness of the evil of dowry deaths confronting the Indian Society. It has been submitted that Addl. Sessions Judge should not have been casual in his approach and allowed bail to Bimla Devi barely after 17-18 days of her arrest. While allowing bail to Bimla Devi who is accused of dowry death, learned Addl. Sessions Judge did not show scant regard for the sentiments of the society so well brought out by the Legislature in Sections 304-B and 498-A of the Indian Penal Code and Sections 113-A and 113-B of the Indian Evidence Act. Learned Addl. Sessions Judge also forgot that Bimla Devi was a prime accused as she was the perpetrator of the demand for dowry. He should have imagined the seriousness of harassment and torture being inflicted upon Somta Devi which compelled her to end her life so soon after marriage. Grant of bail at the very initial stage stultifies investigation also. Smt. Somta Devi was being harassed and tortured by all the members of the family of her husband, but, the police proceeded only against Bimla and Jagir. Police did not proceed against others. Grant of flail to Bimla in the very initial stage has injured severely the cause of justice as it has added fuel to the fire so far as complainant side is concerned.