NARINDER KUMAR MAHAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this Criminal Miscellaneous, Narinder Kumar, Mahajan, petitioner herein has prayed for the grant of bail to him in case FIR No. 138 dated 17.8.1997, under Sections 304-B/306/511/406/498-A, IPC of Police Station Civil Lines, Amritsar.

(2.) "The prosecution story in brief is that Smt. Ramni Devi was wife of Narinder Kumar Mahajan. According to her, her mother-in-law Raj Rani, father-in-law Des Raj Mahajan, sisters-in-law Saroj, Usha and Meena used to harass her. On 17.8.1997, they gave her beating. Her sister-in-law Usha, whispered something in the ears of her husband and her husband gave her beatings. He gave her slaps and beating on her back. Not able to bear the insult, she poured kerosene on her and set herself on fire. She was compelled to die. None tried to extinguish the fire and none tried to save her. Her mother-in-law had also beaten her. Her mother-in-law compelled her to set herself on fire. Her mother-in-law used to harass her daily. She used to prepare her vegetable separate but they used to eat away the vegetables. She used to remain hungry. She used to sit inside her room. In case she came out, the said women folk used to instigate her husband and then her husband harassed her. She was feeling that she was the victim of their excesses. She had two children, i.e., one son, aged 5 years one daughter aged one year. Ramni sucummbed to burn injuries.

(3.) Learned Counsel for the petitioner submitted that there is no allegation worth the name that she was harassed on account of any demand for dowry remaining unfulfilled. It is true that there is no allegation in the first information report that there was any demand for dowry or the she was ill-treated on account of demand for dowry remaining unfulfilled. It was further submitted that no offence under Section 306 IPC is made out as there is no element of cruelty suggested by her statement as defined in section 498-A, IPC. It was submitted that, "cruelty" means;