SADDAM HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.184/2020, registered at Police Station Thawla, District Nagaur, for offences under Ss. 498A, 304B, 302 IPC.

(2.) As per prosecution, the complainant (father of the deceased), submitted a written report before PS Thawla, Nagaur, stating inter alia that niqah of his daughter took place with the present petitioner on 25/5/2014. It was averred in the written report that the petitioner and his family members used to harass the deceased both mentally and physically for demand of dowry with specific demands for amount of Rs.2.00 lacs and a car. The deceased did not reveal the factum of harassment being meted out to her by the petitioner and his family members, to her family members because of her young daughter aged about two years. About 17 months prior to the date of alleged incident, the deceased with her daughter came to her matrimonial home as she faced grave threat to her and her daughter's life. However, the people in the village along with the families of the petitioner and the deceased resolved the issues through local panchayati, wherein it was decided that from then on, the petitioner and his family members would not make demands for dowry and harass the deceased.

(3.) It is further stated in the written report that on 11/10/2020, when the petitioner reached his house, he started hurling abuses at the deceased and told the deceased that since you have not been able to fulfill the dowry demands of bringing Rs.2.00 lacs and a car, he is going to kill her where after, the petitioner started beating the deceased. The deceased, in order to save herself, rushed to a room and locked the room from inside. The deceased made a telephonic call to her father and narrated the whole incident to him. It was further stated in the written report that after the phone call, the deceased came out of the room, believing the word of the petitioner that he would not cause any further harm to her but, the petitioner tried to attack the deceased, who ran from the house for about 100 meters and was, inflicted a head injury upon the deceased with an iron rod, held by him. On receiving the blow on the head, the deceased fell to the ground whereafter, the petitioner stabbed her in the stomach. She was then taken to the hospital, where she was declared dead.