BAI DEVI Vs. STATE OF RAJASTHAN PUBLIC PROSECUTOR

JUDGEMENT

(1.) Heard earned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

(2.) Contention of earned Counsel for Petitioner is that most of the evidence of abetment in the shape of constant beating given to deceased Babita has come against her husband co-accused Kailash. In this connection, earned Counsel for Petitioner referred to statements of deceased's brother Devendra Singh, her sister Beena, who is also married to elder brother of principal accused Kailash, her mother Phool Kanwar, her maternal-aunt Manohari Devi, her uncle Ishwar Singh and another uncle Mangi Ram. According to learned Counsel, all these witnesses have stated that co-accused Kailash used to doubt about chastity of deceased Babita and used to say that first son Akshya born to her, is illegitimate child and not his issue and that Babita used to disappear from the house for two to three days on number of occasions. She was not having good character and for that reason, co-accused Kailash used to beat her. Learned Counsel referred to that part of statements of these witnesses where immediate cause of provocation for Babita to commit suicide is mentioned, which is that deceased's another sister Beena telephoned her brother Devendra Singh, who was elder brother of deceased Babita, about beating given to the deceased by accused Kailash and present Petitioner, but learned Counsel explained this from the statement of Beena herself in which she has stated that it was Kailash who had subjected Babita to deceased beating on 11.11.2010 and that the immediate cause of suicide by Babita thus was attributable to co-accused Kailash and not to present Petitioner, who is mother-in-law of the deceased. The unfortunate incident of suicide by deceased Babita took place on 11.11.2010. Petitioner has been named as an accused only because she happened to be mother of co-accused Kailash and use to complain about her behaviour. Petitioenr is a female aged 60 years. She has been in jail since 14.11.2010. Challan has been filed. Trial may take a long.

(3.) Learned Public Prosecutor opposed the bail application and submitted that although allegation of beating and taunting was there against Petitioner but he could not be able to dispute that major portion of allegation is against co-accused Kailash.