NEEL KAMAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of this order Criminal Misc. No.6441 -M of 1996 and 9241 -M of 1996 shall be disposed of. Smt. Poonam Sud d/o Ravinder Sud was married to Neel Kamal on 3.3.1995 at Hoshiarpur. According to Smt. Poonam, a sum of Rs. 5.00 Lacs was spent by her father on her marriage. At the time of shagan ceremony, articles were given to Smt. Krishna Devi at Mashobra on 28.2.1995 on demand by her, her Jeth Dharambir and Jethani Shalini. Smt. Krishna is her mother -in -law. Marriage was settled through the mediation of Smt. Shalini whose parents are residing at Hoshiarpur. At the time of marriage, ornaments were handed over to Smt. Shalini together with garments and other articles. Furniture, utensils etc. were handed over to Shri Dharambir accused. Some articles were entrusted to Neel Kamal. They took all these articles namely ornaments, garments etc. to Mashobra from Hoshiarpur. List was prepared in triplicate as to the articles given at the time of shagan ceremony and at the time of marriage. One parat was handed over to Smt. Poonam, one parat was retained by her father and one parat was handed over to Dharambir. Dharambir compared the articles given in dowry with the articles mentioned in the list before loading the articles in truck etc. Whatever was given in marriage that constituted her Istridhan. She was harassed and tortured/beaten by Dharambir, Smt. Krishna Devi and Shalini. They were not satisfied with the dowry brought by her in marriage. Her husband Neel Kama] remained a silent spectator. He did not stop them from harassing and beating her though he himself did not harass or beat her. Other brothers of Neel Kamal, namely Kailash and Ramesh were also putting up in the same house where she was kept by Neel Kamal. On. 12.1.1996, her uncle's daughter who was studying at Shimla came to Mashobra and found her condition pitious. She requested her to convey the cruel treatment being meted out to her by them to her father. She conveyed the message on telephone to her father on 13.1.1996 that she would either be killed by the accused or forced to commit suicide. On 14.1.96, her father, brother Sh. Sanjiv Sud and Pandit Kewal Krishan of Hoshiarpur went to Mashobra from Hoshiarpur. Accused refused to hand over the Istridhan to her, saying that they would hand over Istridhan to her after writing was given by them divorcing Neel Kamal. They refused to give writing to them divorcing Neel Kamal and her father brought her to Hoshiarpur in wearing apparel only. Smt. Krishna Devi and Dharambir laid demand for Rs. 5.00 lacs in July 1995 in cash for the purchase of truck. She informed her father about this demand on telephone. Thereupon, he took her to Hoshiarpur. She was taken back to Mashobra on 12.10.95 through the intervention of Shish Pal Sud, the then General Secretary of Hoshiarpur Sud Sabha and Mr. Onkar Chand Kashyap of Kotkhai (Shimla Hills) when they were assured that she would not be maltreated. Thereafter they again started torturing her for bringing inadequate dowry. She was deprived of daily requirements and was kept like a slave. She was in advanced stage of pregnancy and they were ill -treating her and mis -appropriated the dowry given to her, at the time of marriage. She made application to SSP Hoshiarpur detailing the aforesaid facts. On the basis of that application case, FIR No. 16, dated 17.1.96 was registered at P.S. City Hoshiarpur. With that application, she attached various annexures showing the details of articles entrusted to Smt. Krishna Devi, Smt. Shalini, Shri Dharambir and her husband respectively.

(2.) IN Criminal Misc. No. 6341 -M of 96, Shri Dharambir Sud, Smt. Shalini Sud and Smt. Krishna are the petitioners who have applied for anticipatory bail to this Court.

(3.) IN Criminal Misc. No. 9241 -M. of 96 Shri Neel Kamal is the petitioner who has applied for anticipatory bail.