SARAVJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been moved by Saravjit Singh under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.94 dated 11.7.2008 registered under Section 304-B/34 of IPC at Police Station Mullana, District Ambala.

(2.) The facts in brief are that Sampooran Singh made statement before the police in the terms that the marriage of Gurpreet Kaur daughter of his brother Kirpal Singh was solemnised with Saravjit Singh (referring to the petitioner) on 12.4.2006. In the marriage, they gave dowry as per their capacity. After few days of the marriage, Sarvjit Singh and his parents Criminal Misc. No. M- 11461 of 2009 (O&M) -2- started harassing his niece Gurpreet Kaur for having brought lesser dowry and they used to say that her father has given small Santro Car in the marriage. And that since their son is living in Italy, therefore, a big car should have been given. This was disclosed to them by Gurpreet Kaur. His brother Subedar Kirpal Singh being on duty, he and Jasbir Kaur, mother of Gurpreet Kaur went to Tamnoli and tried to persuade the accused that they are poor people and they have left no deficiency in giving dowry. On this Saravjit Singh and his father Harbhajan Singh and mother Swaran Kaur said that if they give Ford Fiesta Car to them, only then they will allow to settle their daughter. Then they tried to make them to understand the things and came back. The accused behaved well for a few days and, thereafter, Saravjit left for Italy. Now about 15-20 days ago Saravjit came back from Italy to his house. About 2-3 days back, Gurpreet Kaur told her mother on telephone that Saravjit Singh, her mother-in-law Swaran Kaur and father-in- law Harbhajan Singh are again taunting her to bring Ford Fiesta Car and was unnecessarily harassing her. On this, they told Gurpreet Kaur that Subedar Kirpal Singh will come on leave, then they will come and try to make them understand the things. Today (referring to 11.7.2008) at about 6:30 P.M in the evening, they received an information on the telephone that Gurpreet Kaur has consumed some poisonous substance and has expired in Monga Hospital. On this, he along with a number of people from his village reached the said hospital and found that his niece Gurpreet Kaur was lying dead in Monga Hospital, Mahesh Nagar.

(3.) I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.