BHAGWATI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application under Section 439 Criminal Procedure Code has been filed on behalf of Smt. Bhagwati Devi and Smt. Maya in a case under Sections 306 and 498A, IPC. Both the accused persons were arrested by Dy. S.P. Circle Officer -in -charge Gandhi Nagar, Police Station, Jaipur on Feb. 25, 1986 in FIR No. 36/86 of that police station and since then both them are in judicial custody.

(2.) ON Feb. 23, 1986 Shri Rohit Mahajan, Dy. S.P. Circle Officer, Gandhi Nagar police station, Jaipur lodged a report on the basis of statement of deceased Smt. Jyoti, w/o Ashok Morani recorded in the hospital. In this statement which was recorded by Shri Rohit Mahajan in the presence of four persons, she stated that her husband, mother -in -law and sister -in -law were not talking to her saying that her features are not good. She had a child named Kamlesh aged 6 months and they were not even talking to this boy. The boy was with her at the time when she sustained burns, he has expired. She further stated that she sprinkled kerosene oil on herself and bolted inside the kitchen and set fire. She stated that her husband and in -laws did not demand any money but used to say that she was not beautiful. She got married about a year and a quarter back and got lot of goods in dowry. Her husband however, protested that her parents had not given proper respect to him. She went on saying that she was not manhandled but were not talking which gave her a thought as to why she should not put to an end her life. This was her biggest torture that her husband was not talking to her and she used to be in mental strain which resulted in her setting fire to herself as a result of which her son expired It was on this statement that a case under Section 306 and 498A, IPC was registered. Investigation is still in progress and I do not intend to disclose what is contained in the police diary, but suffice it to say that till date the case has not been altered for any offence which can be punishable with death or imprisonment for life nor ex facie there are circumstances till date to infer the accused to be guilty of such offence. The parents and the brother of the prosecutrix do say that the deceased used to make complaints about not bringing enough dowry. But it is borne out from their statements also that grievance about her not beautiful was also being talked about. I am inclined to comment upon the type of offence, but suffice it to say at this stage that even prior to recording of this dying declaration yet another statement was recorded. There too also she did not speak about demand of the dowry and yet important feature is dying declaration which is basis of First Information Report is signed by the brother of the deceased. In view of the fact that the case is one under Sections 306 and 498A, IPC and both the accused -petitioners are in judicial custody since February 25, 1985 which are not punishable with death or imprisonment for life and that both the accused -petitioners are women for which a proviso has been added to Section 437 Cr PC and further that their case is distinguishable from the case of the husband of the deceased. I deem it proper to direct that both the petitioners Smt. Bhagwati Devi wife of Shri Hiranand and Smt. Maya wife of late Shri Manoharlal be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/ - with two surities in the sum of Rs. 5,000/ - each to the satisfaction of learned Sessions Judge, Jaipur District, Jaipur for their appearance before the concerned Magistrate or wherever the inquiry or trial takes place or as and when required to do so. It is however made clear that at any stage if the investigating authorities converts the case of the accused -petitioners for an offence which is punishable with death or with imprisonment for life, it will be open to the Investigating Officer to move the court for cancellation of their bail.