DEVINDER SINGH @ DEPUTY Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . According to the prosecution, Smt. Rekha was married to the petitioner (Devinder Singh alias Deputy) son of Late Shri Gir Raj in the year 1989. She was used to be taunted by her father -in -law Gir Raj, mother -in -law Ramwati, brother -in -law Gajender, sister -in -law Kaushal and husband Devinder Singh that she had not brought adequate dowry. They used to abuse her and send her to her parental home after giving her beating and her parents sent her 3 -4 times back to the matrimonial home after giving her Rs. 1,500 -2,000/ -. According to the prosecution, when Rekha was in family way, she was locked in a room by them and was given beating by Devinder Singh who after bringing a can of kerosene said that he would kill her and the matter was brought to the notice of the village Panchayat. Panchayat, however, brought about compromise. She gave birth to a son. About a month prior to her death, she told her father that Devinder and his mother would say that they would see to it that she was done to death. On the occasion of the birth of her son, they demanded a sum of Rs. one lakh from her in Chuchak. Learned Counsel for the petitioner submits that the son was born to her in 1995 i.e. about three years prior to her death in the year 1998 and if there was any demand for chuchak, that was in the wake of the birth of child to her. Learned Counsel for the State of Haryana submits that Devinder Singh was cruel to her and he did not permit her to even touch the child. They did not give the child to her.

(2.) SUFFICE it to say, the marriage was 9 years old. If Devinder Singh did not ask for dowry and treat her with cruelty soon after her death on her inability to fulfil his demand for dowry, it may not amount to dowry death. If it amounted to her suicide as abetted by him and his mother etc. that may amount to an offence falling within the mischief of Section 306 IPC. Section 306 IPC is not at par with Section 304 -B, IPC so far as gravity of the offence is concerned. Petitioner has been in jail for the last about six months.

(3.) WITHOUT going deep into the various facts of the case, suffice it to say bail should be allowed to the petitioner. So, bail to him to the satisfaction of CJM/Duty Magistrate, Faridabad. Bail allowed.