MAIL KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard.

(2.) According to the prosecution, Balwinder Kaur daughter of Dyal Singh was married to Bhupinder Singh. Bhupinder Singh was putting up in America, while Balwinder Kaur was putting up in village Julmat, i.e. the village of her in- laws. About a year ago, Bhupinder Singh married one Gagi resident of Malerkotla. He wanted to take Gagi to America. According to the prosecution, he hatched a conspiracy to divorce Balwinder Kaur. Bhupinder Singh came to village Julmat only about two months ago and was putting up there. Gagi was also putting up with him in village Julmat. Balwinder Kaur wanted to go to America with her husband, but Bhupinder Singh was not willing to take her to America. He would rather beat her. Mail Kaur, who is Bhupinder Singh's mother and Balbir Singh and Gurmeet Singh, who are Bhupinder Singh's brothers were supporting Bhupinder Singh. Balwinder Kaur went to village of her parents, i.e., Jundla. On 13.3.1998, i.e. on the day of Maghi, Balwinder Kaur's brother Hoshiar Singh went to his sister in village Julmat to enquire about her well being. In the evening, Gagi, Bhupinder Singh, Mail Kaur, Gurmeet Singh and Balbir Singh abused Balwinder Kaur and quarrelled with her. Hoshiar Singh intervened and stopped them from quarrelling. Hoshiar Singh slept in a separate room. At about 5.00 A.M. on 14.3.1998 he heard Balwinder Kaur weeping and crying in her room and thereupon, Hoshiar Singh went to that room and saw that Balwinder Kaur was lying on the bed and Bhupinder Singh was opening her mouth and in a Katori, Gagi and Mail Kaur gave something poisonous. Gurmeet Singh and Balbir Singh were catching hold of Balwinder Kaur from her arms. Mail Kaur and Gagi handed over that Katori to Bhupinder Kaur. Bhupinder Singh put the said poisonous substance in the mouth of Balwinder Kaur. Balwinder Kaur died after struggling for life.

(3.) Learned counsel for the petitioner submits that the petitioner is a woman. She is aged 75 years old. Mere old age is no ground to allow bail when the attribution is so serious. Similarly, the mere fact that the accused is a woman, is no ground to allow her bail when the attribution is so serious. According to the prosecution, Mail Kaur and Gagi put something poisonous in that Katori and that poisonous substance was administered to Balwinder Kaur. No ground to allow bail to Mail Kaur.