DILBAGH SINGH Vs. STATE

JUDGEMENT

(1.) Heard Mr. B.R. Arora for the petitioners, Mr. U.C.S. Singhvi, Public Prosecutor and Mr. M.L. Garg for the complainant.

(2.) Jeet Singh had lodged a First Information Report on Dec. 5, 1985 that his daughter Balvender Kaur was married to Dilhagh Singh three years before the said date. It was mentioned that at about 8 or 9 p.m. of the nigat intervening 4th and 5th Dec., 1985, Pesticide spray was administered to Balvendra Kaur. Brother of Dilbaghsingh was sent to call Jeet Singh from his village. On reaching there, Jeet Singh came to know that Balvender Kaur has been administered pesticide spray and she had expired. After investigation the ' police filed a charge sheet against the petitioners for the offences under section 306 and 498 A I.P.C. The post-mortem report mentions that the mode of the death was asphyxia due to suspected poisoning. The final opinion could be given after chemical examination and after the report of the vesceras was received.

(3.) In the First Information Report, Jeet Singh did not mention that harassment was made to Balvender Kaur with a view to meet the demand of additional dowry or that she had been treated with cruelty by either of the accused petitioners. However, in his statement recorded under section 161 Cr. P.C. on 5/12/85 and 6.12.85, Jeet Singh stated that his daughter was being harassed for I bringing more money from her fathers house. Due to this Jeet Singh made a fixed deposit of Rs. 3500.00 in bank in the name of his daughter. He had sent his son to bring the daughter but she was not sent. In the statement recorded on 6.12.85 Jeet Singh has stated that when Dilbaghsingh came to attend a marriage of his sisters son, he had told that the deceased was not able to deliver any child and, therefore, he may be married with another daughter.