RAM NARAIN Vs. OM PARKASH

JUDGEMENT

(1.) This is a petition filed under Section 439(2) of the Code of Criminal Procedure seeking cancellation of bail granted to respondent Nos. 1 to 4 i.e. Om Parkash son of Jai Ram Dass, Jai Ram Dass son of Tikaya Ram, Smt. Ramwanti wife of Jai Ram Dass and Ish Kumar son of Jai Ram Dass, all residents of Village Kahnaur, Police Station Kalanaur, District Rohtak by Sessions Judge, Rohtak in case F.I.R. No. 12 dated 25.1.1995 under Sections 304-B/201 /34 of Indian Penal Code, Police Station Kalanaur.

(2.) Petitioner Ram Narain son of Gian Chand, resident of Kalanaur aforesaid is the father of Smt. Lalita (since deceased). Smt. Lalita was married with respondent No. 1 Om Parkash son of respondent Nos. 2 and 3 on 28.1.1988. Respondent No. 4 Ish Kumar is the real brother of Om Parkash aforesaid. Smt. Lalita was educated and had done B.A. B.Ed. She was employed as a teacher in Government High School Kahnaur. Smt. Lalita died an unnatural death on 20.1.1995. The F.I.R. of the case was lodged by the son of the petitioner on 25.1.1995. According to the allegations made in the F.I.R., deceased Smt. Lalita was being harassed by respondent Nos. 1 to 4 on account of demand of dowry on various occasions. It was alleged in the F.I.R. that at the time of the marriage of the deceased-Smt. Lalita with respondent No. 1 sufficient dowry was given beyond the financial capacity of the parents of Smt. Lalita. Respondent Nos. 1 to 4 were, however, not satisfied with the dowry given in the marriage and were pressing Smt. Lalita for bringing more dowry. Smt. Lalita was being harassed and tortured for being unable to fulfil their demands. It has been alleged further that on 1.1.1995 Smt. Lalita visited the house of her father i.e. the petitioner and informed him about the demand by respondent Nos. 1 to 4 of a sum of Rs. 80,000/- and she was asked to bring the aforesaid amount from her parents or else she would be killed. The parents of Smt. Lalita being poor persons were unable to go to arrange such a huge amount and they persuaded her daughter Lalita (sic) back to the house of her husband. A son named Yogesh and a daughter were born to Smt. Lalita from her husband out of the wedlock. The son Yogesh was aged about five years while the daughter was about six months old. On 20.1.1995 the son of the petitioner learnt from some unknown person at about 2.00 P.M. that Smt. Lalita had been burnt to death at her matrimonial house. The petitioner and his sons went to the house of respondent Nos. 1 to 4 and saw dead-body of Lalita lying in the bathroom and the smoke was coming out of the dead body. One tin container of oil was found lying there. The respondents accused were present at their house. The petitioner and the sons tried to talk to them but the respondents did not listen to them. Smt. Lalita was cremated. The petitioner and his sons after making enquiries and verifying the facts learnt about Smt. Lalita being burnt to death by respondent Nos. 1 to 4 and thereafter the F.I.R. was lodged against respondent Nos. 1 to 4.

(3.) During investigations Sadhu Ram, S.H.O. P.S. Kalanaur; on 25.1.1995 recorded statement of Yogesh son of respondent No. 2 and the deceased Smt. Lalita who told him that his Papa (father) had killed his mother. A challan was submitted by the Investigating Officer after completion of the investigation.