SHAKUNTLA DEVI & ANR. Vs. STATE

JUDGEMENT

(1.) This application has been preferred for the grant of bail to Shakuntla Devi and Rajesh Kumar facing trial for the commission of offence contrary to sections 306/498 RPC, pending at the stage of recording prosecution evidence after the framing of charges before the Trial Court of Additional Sessions Judge, Jammu.

(2.) The allegations against the accused enumerated from the record put tersely are that deceased Smt. Sandya Devi was married to Rajesh Kumar in the year 1994. Soon after the marriage, the deceased was mal-treated by her husband and mother-in-law. The accused started taunting her and passing sarcastic remarks that gold chain was not given by the parents of the deceased to her husband at the time of marriage and also mercilessly physically chastised her. The deceased used to complain to her parents about the treatment meted out to her by her husband and mother-in-law, and also beating her and making grievance of having not given gold chain to her husband during marriage. Parents, however, after consoling the deceased, used to send her back to her matrimonial house. The relations became so strained at one point of time and the deceased fed up from the continuous cruelty meted out to her by her husband and mother-in-law, the deceased reported the matter to her parents, which later on compromised. This episode, however, did not end up here. Repeated taunts and words spoken by the mother-in-law and the husband of the deceased made her life miserable. Sarcastic remarks and continuous beating amounted to mental cruelty and crushed her desire to live more any longer and drawing her to commit suicide. It is further borne out from the record that on account of persistent harassment caused by her husband and mother-in-law, she consumed poisonous substance on 03-09-2002 and she was removed to the Government Medical College, Jammu on 04-09-2002. On being informed about the death of the deceased, the police repaired to the hospital and the post mortem of the dead body of the deceased was got conducted. After the registration of the case, investigation ensued and on its conclusion, challan came to be presented in the Court of law and at present is pending for recording prosecution evidence in the Court of Additional Sessions Judge, Jammu.

(3.) Learned counsel for the applicants vehemently urged that Shakuntla Devi is an aged-old lady of 62 years and Rajesh Kumar accused is a sole bread of the family and there is no body to look after the seven years old daughter borne out of their wed-lock. It was further submitted that even the report of the Forensic Laboratory has not been received to show that what kind of poison the deceased has consumed that resulted into her death.