SUSHEELA DEVI AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide this order, I shall dispose of four petitions for grant of prearrest bail i.e. CRM-M-26001-2018 filed by petitioner Parminder Kaur, CRM-M-17334-2018 filed by petitioner Gurwinder Singh, CRM-M18991-2018 filed by petitioner Balwinder Kaur and CRM-M-23263-2018 filed by petitioners Arwinder Singh and Kulwinder Kaur, all of them being accused in FIR No.57 dated 24.3.2018, under Section 304-B IPC, registered at Police Station Shahkot, District Jalandhar.

(2.) Briefly stated, the criminal machinery in this case was set into motion by complainant Amrik Singh son of Gurdayal Singh, resident of village Ghehledra, Model Police Station, Shahkot, District Jalandhar, aged about 44 years, who in his statement to the police stated that one of her niece namely Jaspreet Kaur was married with Hardeep Singh son of Dilbagh Singh, resident of Punia, Police Station Shahkot on 7.3.2014; that the couple was blessed with a daughter named Jasmail Kaur, then aged about two years; that Hardeep Singh had gone to Dubai after two months of the marriage and he used to visit his house in India off and on. According to the complainant Jaspreet Kaur used to tell him that her mother-in-law and her husband had been raising dispute with her off and on, not allowing her to make phone calls besides taunting her that their demands of dowry had not been fulfilled. According to the complainant, he used to counsel Jaspreet Kaur to make adjustment in the matrimonial home. According to the complainant Jaspreet Kaur also used to tell him that her three sisters-in-law come to the matrimonial home, interfere in their domestic affairs and give beatings to her. According to the complainant, his nephew Simrandeep Singh stayed with Jaspreet Kaur for one month at village Punia to learn some skills; that on 23.3.2018 at about 2:00 p.m. when the complainant along with his nephews Harmandeep Singh and Atinderjeet Singh had gone to the house of Jaspreet Kaur to give invitation of BHOG, at that time Paramjeet Kaur, mother-in-law, Balwinder Kaur wife of Gurwinder Singh, resident of Nakodar, Parminder Kaur wife of Harbhajan Singh, resident of Tallan, Kulwinder Kaur wife of not known, resident of Phillaur and Arshdeep Singh son of Harbhajan Singh, resident of Tallan were present; that Jaspreet Kaur was vomiting; that he asked members of her in-laws family to get her medicine but they did not do so saying that she was doing tantrums, then the complainant and his nephews hired a vehicle from the village and were about to shift Jaspreet Kaur in the car, then mother-in-law of Jaspreet Kaur and her two sons-in-law, one of being Gurwinder Singh, resident of Nakodar and other husband of Kulwinder Kaur stopped them stating that she should not be taken to the hospital; that despite that they brought her to Civil Hospital, Shahkot, where the doctor referred her to Civil Hospital, Jalandhar; that the in-laws family of Jaspreet Kaur was intending to forcibly take her to Kamal Hospital, Nakodar, however, the driver of the vehicle i.e. Ambulance took Jaspreet Kaur to Civil Hospital, Nakodar, where she was got admitted for treatment; that at Civil Hospital, Nakodar aforesaid members of in-laws family of Jaspreet Kaur quarrelled with the complainant side and abused them, then they returned from Civil Hospital, Nakodar; that later on the in-laws family of Jaspreet Kaur took her to Kamal Hospital, Nakodar where due to lack of treatment, she died. The complainant stated that Parminder Kaur, Balwinder Kaur, Kulwinder Kaur and their husbands after conniving with each other had killed his niece by putting some poisonous substance in her mouth forcibly on account of nonfulfilment of demand of dowry and legal action be taken. After registration of the FIR, the matter was investigated.

(3.) Apprehending their arrests in this case, petitioners/accused had approached the Court of Sessions seeking grant of pre-arrest bail but their such applications were dismissed by the Court of learned Additional Sessions Judge, Jalandhar. As such, they have approached this Court asking for similar relief by way of filing separate petitions.