KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . According to the allegations made by Kirpal Singh son of Harbans Singh, who is the real brother of Kamlesh Kaur wife of Kulwant Singh, his sister Kamlesh Kaur was married to Kulwant Singh about 4 years ago and she was not being permitted by her in-laws to go to her parental home. Kirpal Singh requested them to permit her to visit her parental home but they did not heed his request. He expressed this grievance to Sarpanch Kuldip Singh of village Chansu Kalan once or twice that his sister was not being permitted to visit her parental home. At last on 12.12.95, Kamlesh Kaur committed suicide by consuming Aluminium Phosphate as she could not tolerate the unbecoming behaviour of her in-laws who were not permitting her to visit her parental home Statement was made by Kirpal Singh on 12.12.95. In this statement, there is no allegations that she was being harassed or taunted by them on account of their demand for dowry being not fulfilled by her parents and that she committed suicide when their harassment became unbearable for her. In application dated 13.12.1995, alleged to have been made by Kirpal Singh to SSP, Hoshiarpur, he alleged that his sister committed suicide because she was unable to bear her husband carrying on with his sister-in-law Baldev Kaur and further she was being ill-treated because of their demand for dowry remaining unfulfilled by her parents. In the earlier statement made by Kirpal Singh, there is no allegation that there was any demand for dowry or that on account of that demand for dowry remaining unfulfilled, Kamlesh Kaur was ill-treated and harassed by her in-law or that she committed suicide because of harassment and ill-treatment or her husband's illicit intimacy with his sister-in-law Baldev Kaur. Motive for this incident is not clearly discernible so far. It might be discerned during investigation. Co-accused Baldev Kaur and Tarsem Kaur are already on bail.

(2.) KEEPING in view the facts and circumstances of the case, bail is allowed to the petitioner subject to the satisfaction of Chief Judicial Magistrate, Hoshiarpur.