BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- These two misc. second bail petitions are disposed of this common order as they are arising out of same incident. Second bail application No. 3460/98 is filed by accused petitioners Bheralal husband of deceased Aijee, Saku, father-in-law of deceased Aijee and Smt. Sohani alias Soni, mother-in-law of deceased Aijee. Whereas, second bail application No. 3495/98 is filed by Smt. Dali, who is not related either to deceased or to the accused persons. All the accused are facing charge under Section 306 and 498A, IPC on the death of deceased Aijee, who died after consuming poison on 29-7-1998. The case is also committed to the Court of sessions. Learned counsel Shri Shah appearing for the accused persons Bherulal and other relatives of deceased Aijee vehemently submitted that even taking the prosecution case as it is it cannot be said that the accused persons have committed offence under Section 306, IPC. According to him, at the most, offence, if any, is committed by the accused persons then i.e. under Section 498-A, IPC which is punishable for three years imprisonment only, therefore, the accused should be enlarged on bail as they are in jail since last more than four months.

(2.) However, learned counsel Shri Shishodia appearing for the accused petitioner Smt. Dali vehemently submitted that she was not related to the deceased Aijee, therefore, there is no question of application of Section 498-A, IPC against the accused Smt. Dali. He further submits that no offence under Section 306, IPC is made out against the accused petitioner Smt. Dali from the statements of prosecution witnesses. Mere beating is not sufficient to hold that the accused Smt. Dali has committed offence under Section 306, IPC. He further submitted that on being abused by deceased Aijee she gave beating to the deceased in presence of in-laws of the deceased, but nothing more was done by her. It is a different matter that after incident of beating, deceased Aijee went to the forest and consumed poison. He, therefore, submitted that being a lady she should be granted bail as since long she is in jail.

(3.) Both these applications were vehemently opposed by learned public prosecutor Shri Upadhaya. It was submitted by him that there is sufficient material to come to the conclusion that prima facie case is made out against the accused under Section 306, IPC which is punishable with imprisonment of 10 years with fine. He submitted that as per the prosecution case the deceased Aijee was beaten by accused Dali as she was suspecting illicit relations of deceased Aijee with her son and though the beating was given in presence of her in-laws they have not even tried to intervene or tried to save their daughter-in-law. He further submitted that from the evidence of father and brother of deceased Aijee the prima facie case is made out for the offence under Section 498-A, IPC as the deceased was time and again harassed by her husband and her in-laws. He, therefore, submitted that when the Court below after pursuing the material before it rejected their second bail application then this Court should not grant the same.