BIRMATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for bail pending trial in FIR No.639 dated 05.10.2017, under Sections 34/302 IPC (challan presented under Sections 306/34 IPC), registered at Police Station Sonipat City, District Sonipat.

(2.) It is submitted that the petitioner is the mother-in-law of the deceased and she has been falsely implicated in this case only due to her relationship with the deceased's husband. Learned counsel for the petitioner further submits that the petitioner alongwith her other son was living separately from the complainant's daughter and her husband at Malviya Nagar. The deceased and the petitioner's son were living at Hanuman Nagar. Furthermore, the real sister of the deceased is married to another son of the petitioner and she is living in peace and harmony in her matrimonial home at Malviya Nagar alongwith the present petitioner. It is pointed out that absence of any injury on the person of the deceased as per the post-mortem report (Annexure P3) negates the averments in the FIR that the complainant's daughter was subjected to any kind of physical abuse. After investigation the final report under Section 173 Cr.P.C. was presented under Sections 306/34 IPC. Charge against the petitioner has however been framed under Section 302 read with Section 34 IPC and in the alternate under Section 306 read with Section 34 IPC. It is vehemently argued that there is no evidence on record to indicate the commission of offence punishable under Section 302 IPC qua the present petitioner, especially in view of the medical evidence on record. The petitioner undertakes to face trial and not to misuse the concession of bail, if afforded to her. It is thus prayed that this petition be allowed.

(3.) Certified copy of charge-sheet dated 17.01.2018, produced in Court today, is taken on record subject to just exceptions.