(1.) THIS is an application under Section 439(2) Cr.P.C. moved by Navneet Kumar petitioner whereby he has prayed for cancellation of bail allowed to Mohan Lal respondent No. 1 by the learned Sessions Judge, Ferozepur vide order dated 1.8.1998 in case FIR No. 109 dated 10.6.1997 Police Station City Abohor under Sections 302/306/34 IPC.
(2.) BEFORE the merits of the petitioner's prayer for cancellation of bail allowed to Mohan Lal respondent No. 1 by the learned Sessions Judge, Ferozepur vide order dated 1.8.1998 in case FIR No. 109 (ibid) are gone into, it is necessary to allude to the facts constituting the said FIR.
(3.) ON 10.6.1997, Navneet Kumar was called through a messenger by Anju's mother-in-law and he, accordingly, reached the house of in-laws of Anju at about 8 a.m. At that time Mohan Lal was sleeping. He woke him up and asked him the reason why he had been called. Smt. Anju's mother-in-law and her husband started talking bad of Anju saying that she had been tied to them. Navneet Kumar counselled them. After the tea was prepared, tea was served to the entire family. Navneet Kumar also took tea and then he went to the shoe shop where he was employed. At about 9.45 a.m., Rajesh Kumar son of Pirthi Chand who is son of elder brother of Mohan Lal came to Navneet Kumar and informed him that Anju had burnt and she had died. Navneet Kumar went to his house and alongwith his uncle Subhash came to the house of the in-laws of Anju and found burnt dead body of Anju lying in the residential room. According to Navneet Kumar, his sister had been compelled to snuff out life in her by her mother-in-law and her husband Mohan Lal because of daily quarrels and taunting by them. According to Navneet Kumar, Anju's mother-in-law and her husband Mohan Lal told him that they had done what they wanted to do so and he could do what he wanted to do. Matter was reported to the police by Navneet Kumar petitioner. On the basis of his statement, this case was registered.