RAMESHWARJIT SINGH MOTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Criminal Miscellaneous whereby Rameshwarjit Singh Moti and one Kamal Moti have prayed for the grant of anticipatory bail to them in case F.I.R. No. 131 dated August 19,1998 registered under Sections 304-13/498-A of the Indian Penal Code of Police Station, Division No.4, Jalandhar.

(2.) The prosecution story, in brief, is that Smt-Sangeeta daughter of Mohinder Singh was married to Ashwanjit Singh Moti on January 7, 1996. Smt. Kamal Moti is her mother-in-law, Rameshwarjit Singh Moti is her father-in-law and Bhavna alias Mona is her sister-in-law i.e. her husband's sister. Sangeeta died on August 8, 1998. According to the prosecution, she was done to death by Rameshwarjit Singh Moti, Ashwanjit Singh Moti, Kamal Moti and Bhavna alias Mona at the alter of dowry.

(3.) According to Mohinder Singh, who had lodged the First Information Report, he married his daughter Sangeeta on January 7, 1996 to Ashwanjit Singh. His brother-in-law Gian Singh and one Harjit Singh, who is husband of his cousin sister mediated this marriage. Roka ceremony was performed at Chak No.2, G.B.A. Tehsil Bijay Nagar (Rajasthan) at the residence of Mohinder Singh about two months before the marriage, in the first week of November, 1995. Shagan ceremony was performed at Chandigarh on January 6, 1996. Marriage also took place at Chandigarh on January 7, 1996 because Rameshwarjit Singh Moti and his wife Kamal Moti insisted that they could not take the Baraat to Rajasthan. At the Roka ceremony in Rajasthan, Rameshwarjit Singh and Kamal Moti said that they were interested in simple marriage. On the Roka ceremony; the dates of Shagan and marriage were finalised. About 20 days after the Roka ceremony, Mohinder Singh received a telephonic call from Harjit Singh that Rameshwarjit Singh was insisting that Shagan/Ring Ceremony/Marriage should take place at Mountview Hotel, at Chandigarh. He also informed him that Rameshwarjit Singh had given a list of 15 couples out of whom gents were to be honoured with warm suits and ladies were to be honoured with Silk Sarees. Mohinder Singh felt stunned to hear this demand. As he was committed to the marriage, he decided to expend the money. It was also conveyed to him that there would be about 150 guests from their side. In the first week of December, 1995, Harjit Singh also conveyed him that Rameshwarjit Singh Moti had called him to his show room and had told him that he (Mohinder Singh) would have to arrange accommodation for the said Baraties at Chandigarh and the rooms should be Air Conditioned. He felt stunned to hear this. He went to Jalandhar and met Rameshwarjit Singh Moti, Kamal Moti and Ashwanjit Singh Moti and told him that it might be very difficult for him to incur this extra expenditure of Rs. one lac especially when at Roka ceremony, Rameshwarjit Singh Moti had told him that they would make their own arrangement for the stay of their guests at Chandigarh. He was told by Rameshwarjit Singh Moti and his wife that not only he would have to incur the expenses but also they were expecting a car in marriage. He told Rameshwarjit Singh Moti that it would not be possible for him to arrange a car. He would, however, stretch himself to provide accommodation for the guests at Chandigarh. Rameshwarjit Singh Moti also gave details of the gifts he was expecting from him to be given on Shagan and marriage. He also said that he should not give any furniture items and instead give Rs. two lacs in cash at least three weeks before the marriage. He gave Rs. two lacs to Rameshwarjit Singh Moti and Kamal Moti in the presence of Gian Singh. No furniture was purchased by Rameshwarjit Singh Moti or his wife or son. He spent about Rs. seven lacs on Shagan and marriage. Baraat consisted of 150 guests. After marriage, Rameshwarjit Singh Moti, Kamal Moti, Ashwanjit Singh Moti and Mona started passing contemptuous remarks that the dowry articles were of inferior quality. Although Sangeeta was M.Sc. but Kamal Moti, Ashwanjit Singh Moti and Mona taunted her disparagingly that she was lacking fluency in English. Rameshwarjit Singh Moti and Kamal Moti also showed their annoyance on the ground that she was not given which was usually given by the rich Punjabi farmers of Rajasthan to their daughters in marriage. When Sangeeta talked to Ashwanjit Singh Moti about all that, he insisted that his parents were justified in telling her that the dowry brought by her was of inferior quality and she ought to have brought car. According to Mohinder Singh, their taunts that Sangeeta had not brought car in marriage were unjustified as they had purchased a car with the money which they had taken from him on the pretext of purchasing furniture.