VARINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for bail moved by Varinder Singh in case FIR No. 31 dated 25.2.1998 registered under sections 302/201/34 Indian Penal Code at PS Sadhaura, thesil Jagadhari, District Yamuna Nagar. The prosecution case in brief is that Gajjan Singh's daughter Amarjit Kaur @ Baby was married to Varinder Singh son of Lachhman Singh resident of Village Sadhaura about 10 years ago. Paramjit Singh son of Sajjan Singh, lodger of the FIR is the real first cousin of Amarjit Kaur. Gajjan Singh was residing with his family at G-334, Mangolpuri, New Delhi. Dowry was given at the time of marriage according to the financial capacity of Gajjan Singh. Varinder Singh has got one daughter aged 8 years and one son aged 4 years from Smt. Amarjit Kaur. A month prior to 25.2.1998, Kanwaljit Kaur younger daughter of Gajjan Singh was married at Delhi. In the marriage of Kanwaljit Kaur, Gajjan Singh gave scooter in dowry. Varinder Singh raised quarrel with his wife Amarjit Kaur @ Baby at Delhi at the house of Gajjan Singh saying that scooter had not been given to him in his marriage but had been given to Kanwaljit Kaur's husband. With the intention to have scooter, he gave beating to Amarjit Kaur. Prior to that also, Varinder Singh, his father Lachhman Singh and mother Harval Kaur had been quarrelling with Amarjit Kaur that she should either bring sctoor from her father or else they would kill her. Smt. Amarjit Kaur was sent many times to her parents but they used to send her back after counselling her. On 24.2.98 at about 5.15 AM, Ravi Dutt son of Sohan Singh resident of Jamal Majra informed Paramjit Singh son of Sajjan Singh that Amarjit Kaur had set herself ablaze and killed herself at 4.15 AM that day and he should reach Sadhaura immediately. On receipt of this massage, Paramjit Singh along with Amrik Singh and Balbir Singh and 10-15 others (men and women) reached village Sadhaura at 7.30 AM and found Lachhman Singh, Varinder Singh, Harvel Kaur and many others coming back after cremating Amarjit Kaur. On being asked where Amarjit Kaur was they informed that they had cremated her. According to the prosecution, they cremated her without informing her parental side with a view to destroy the evidence of murder. It has been submitted by the learned counsel for the petitioner that Smt. Amarjit Kaur was suffering from depression. The moment she learnt that her father Gajjan Singh had committed suicide on 23.2.1998 by hanging himself, she could not bear the pain and agony of her father's death and immolated herself after bolting the door from inside. When her husband and his parents came to know about her immolation, they started breaking the door so that they could save Amarjit Kaur. When door was broke open, she was found dead. Message was conveyed on telephone and Amarjit Kaur's mother informed Amrjit Kaur's husband and his parents that she was unable to join the cremation on account of the death of her husband on 23.2.1998 and they should cremate the dead body of Amarjit Kaur. She informed that her relatives from Jamal Majra would join the cremation. It has been subbmitted that Amarjit Kaur's daughter aged about 8 years told the police that her mother had committed suicide the moment she learnt about the commission of suicide by her father.

(2.) IT has been submitted that Paramjit Singh and others have sworn affidavit whereby they have stated that Amarjit Kaur committed suicide because she was suffering from depression on account of the death of her father that took place on 23.2.1998 by hanging. It has been further submitted that there is no evidence that Amarjit Kaur was murdered. Marriage took place 10 years ago.

(3.) SO , bail to the petitioner to the satisfaction of Chief Judicial Magistrate/Duty Magistate, Jagadhari. Petition allowed.