HUKUM CHAND AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants' learned counsel relying on Harnek Singh alias Neka Vs. The State of Punjab. 1977 PLJ Cr. 166, Ravail Singh Vs. State of Punjab 1979 Chandigarh Law Reporter 70; Mohinder Singh Vs. The State of Punjab, 1981 CLR 614; and Pawan Kumar & Ors. Vs. State of Haryana. JT 1988 (1) SC 565 contended that in this ease on 10.2.1988 when the appeal was admitted by the High Court, the appellants were enlarged on interim bail. He strongly stressed that the learned lower court has not given a clear finding that soon before her death, the deceased was subjected to any cruelty by these appellants: therefore, he is sanguine about the success of the appeal and on that count also, he contends that the appellants be enlarged on bail during the pendency of the appeal, which is not likely to be heard in a year or so. He also pointed out that the appellant-husband has already undergone one year and two months imprisonment as during trial he was bailed out at a late stage and the appellants -parents-in-law have undergone five days less than one year imprisonment; mother-in-law is also not keeping good health; two daughters of these appellants have been acquitted; they are of marriageable age; they are at home; there is no body to look after them. On all these counts he submitted that appellants above interim bail order be confirmed till the disposal of the appeal.

(2.) Learned counsel appearing for the complainant as well as the learned Assistant Advocate General, Haryana strongly argued that this is a ease of dowry death. Within four months of her marriage, the deceased was on flamed in her matrimonial home.

(3.) From the trial Courts judgment (vide pages 102. 105 and 108) it is evident that no attempt was made to extinguish fire: smell of kerosene oil was found on the dead body as well as on the bed-sheet and pillows, which w ere found half burnt in her bed-room: signs of smoke were also found in the bed-room. Accused persons deliberately look a defence theory that it was a ease of accidental death when she was preparing breakfast in the kitchen for her husband at 5.30 A.M.