BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition moved by the complainant-Balbir Singh seeks cancellation of bail granted by Mr. M. M. Bhalla, Additional Sessions Judge, Hoshiarpur, vide order dated 17. 7. 95, to respondent No. 2 Ujjagar Singh, son of Sardara Singh, resident of Village Chanaur, Police Station Mukerian, District Hoshiarpur in F. I. R. No. 44 dated 16. 5. 95 registered under Section 304-B of the Indian Penal Code.

(2.) THE deceased Smt. Balbir Kaur was married with respondent Ujjaggar Singh on 5. 10. 94, who was serving as a Head Constable in the Punjab Police and posted at Pathankot. Petitioner-Balbir Singh is real brother of Smt. Balbir Kaur. Smt. Balbir Kaur herself was employed as a Staff Nurse and was posted in Civil Hospital, Mukerian. Smt. Balbir Kaur, according to the prosecution allegation was being constantly harassed for brining more dowry. As a result of the harassment caused to the deceased-Smt. Balbir Kaur, she consumed three tablets of Sulphas and when her condition became serious, she was taken to the hospital where her dying declaration was recorded by Mr. Amarjit Singh, Naib Tehsildar-cum-Executive Magistrate, on 16. 5. 95. The doctor attending the patient-Smt. Balbir Kaur, after examining her, certified to give her statement on 16. 5. 95 at 4. 40 p. m. Thereafter, the said Magistrate proceeded to record the statement of Mrs. Balbir Kaur which is as under :

(3.) NOTICE of the petition for cancellation of bail was issued to the respondents and respondent No. 2 put in appearance through Counsel and filed written reply to the petition.