SONA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS application has been filed under Section 439 of the Code of Criminal Procedure for granting bail to Sona Devi wife of Dalel Singh and Baljinder Singh son of Dalel Singh (petitioners) in case F.I.R. No. 8 dated 16.1.2008, under Sections 304-B and 328 of the Indian Penal Code (hereinafter referred to as 'the Code') registered at Police Station Butana, district Karnal.

(2.) AS per facts of this case, Sonia, sister of the complainant, was married to Surender Singh on 19.2.2006. On 16.1.2007, the complainant i.e brother of the deceased got recorded statement that his sister Sonia was in the house of her in-laws and he received a telephonic message from Village Barani Khalsa that his sister had suffered a heart attack. He along with some more persons reached Village Barani Khalsa and found that his sister was lying dead in the house of her in-laws. At that time, he had no suspicion against anybody and accordingly in his statement recorded by the police on 16.8.2007, he did not raise any finger of doubt towards any body. However, after the receipt of the report of the Chemical Examiner, the complainant came to know that his sister was poisoned to death. Thereafter, supplementary statement of the complainant was recorded and on the basis of that statement, this case was registered.

(3.) I have given my thoughtful consideration to the contention put forward by the learned counsel for the petitioners. Admittedly, the petitioners are mother-in-law and brother-in-law of the deceased. Statement of the complainant in this case was recorded on 16.8.2007. At that time, the complainant suspected no foul play regarding the death of his sister Sonia. Later on, in the Chemical Examiner's report, some poisonous substance was found in the viscera. However, in the second statement, a number of allegations regarding demand of dowry have been raised despite the fact that there was no past history of any dispute between the parties. It will be pertinent to mention here that no marks of injury were found on the person of the deceased. Perusal of the file shows that on the last dated of hearing, learned counsel for the State was directed to verify the fact whether the grand daughter of petitioner No. 1 was married to brother of the deceased. Today, learned counsel for the State has produced a report dated 22.8.2008 signed by Inspector Ram Bhaj, Station House Officer, Police Station, Butana, which shows that daughter of petitioner No. 1 Sona Devi, namely, Krishna Devi is married with Rishi Pal, complainant of this case. It has been argued by learned counsel that this type of marriages under barter system are performed in order to curb the practice of giving any taking dowry. The demand of dowry is the essential ingredient of the attraction of Section 304-B of the Code. It has also been argued by the learned counsel that material witnesses of the prosecution have been examined in this case.