AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) INITIALLY a case under Section 304-B/498-A, IPC, was registered. Subsequently, during investigation, a D.S.P. submitted a report dated 14.5.1999 to the effect that no offence under Sections 304-B/498-A, IPC has been made out and only a case under Section 306, IPC, is made out against the accused-petitioners. They have applied for the grant of anticipatory bail.

(2.) LEARNED counsel for the accused-petitioner has submitted that occurrence took place on 30.4.1998. The deceased died on next day after making a dying declaration. He has submitted that in the said dying declaration, she has specifically stated that there was no fault of any person with regard to the said occurrence. Learned counsel for the petitioners further submitted that at that time father of the deceased and Bua of the deceased had also made statements before the police and no allegations of any kind were made against the accused-petitioners. He has further submitted that later on, the present F.I.R. was registered on the complaint of mother of the deceased.