SURINDER KAUR Vs. STATE OF U.T., CHANDIGARH

JUDGEMENT

(1.) ACCORDING to the allegations made in the FIR which was authored by deceased Ms. Bharti herself, Ms. Bharti was in love with Bahadur Singh co-accused. As a result of her illicit intimacy with him, she became mother of a child. Her parents tried their best to marry her to Bahadur Singh but Bahadur Singh's father stood in their way. She stopped meeting Bahadur Singh but Bahadur Singh continued following her. About two months prior to May, 1998, her father shifted to Sector 15 in the quarters which are meant for hospital staff. Earlier, her father was putting up in H.No. 13, General Hospital, Sector 16, Chandigarh. On 11th May, 1998 at about 1 p.m., Bahadur Singh came to their street in the house of sister (nurse) S.P. and started making overtures towards Ms. Bharti. At that time, her parents were also present in the house. They came out and asked Bahadur Singh to stop passing overtures and to go from there. Bahadur Singh started grappling with her father. Ms. Bharti also reached there and saved her father from the onslaught of Bahadur Singh. In the meantime, Bahadur Singh and his parents gave beatings to Bharti's parents. Bharti was given a tooth-bite by the father of Bahadur Singh. Bharti entered her house. Bahadur Singh followed Bharti to her house and lifted kerosene and poured on her and she was set on fire. Her parents were quarrelling with the parents of Bahadur Singh.

(2.) IT is debateable whether Smt. Surinder Kaur, mother of Bahadur Singh contributed to the intention of Bahadur Singh in setting Bharti ablaze. It is also debatable whether there was any abetment on the part of Surinder Kaur to Bahadur Singh which motivated him to set Bharti ablaze. These are points which will be adjudicated at the trial. Without deeply examining these points, I feel that bail should be allowed to the petitioner. So, bail to her to the satisfaction of Chief Judicial Magistrate, Chandigarh.