M.L.SINGHAL,J - (1.) THROUGH this Crl. Misc. petition, Ram Karan alias Lilu son of Bhalle has prayed for the grant of bail to him in case FIR No. 3 dated 5.5.2001 under sections 498-A/304-B/120-B IPC of PS Women Police Station, Sonepat. Facts :-
(2.) ONE Anuradha daughter of Ram Kishan was married to Ram Karan alias Lilu son of Bhalle of village Bagru, Tehsil and District Sonepat about 5 years ago. She gave birth to two daughters who are aged about 3 years and 6 months. On 5.5.2001, her husband was away to the fields while she was at home. Her mother in law came to the house and started saying why they (Anuradha's parents) were not giving them tractor by way of dowry. She poured kerosene on her from behind and set her ablaze. Her husband also used to beat her and demand tractor as dowry from her parents. She was got admitted in the hospital by her husband and other people of the village as she had received burn injuries. On Anuradha's statement case was registered under section 307/498-A. Anuradha died. After her death, Section 304-B IPC were added. During investigation, parents of Anuradha alleged that their daughter Anuradha had been burnt due to the conspiracy of the uncles of her husband i.e. Rajpal alias Krishan and Jagdish. Thereupon Section 120-B IPC was added. Ram Karan alias Lilu and his mother Anguri Devi were arrested on 5.5.2001. Accused Jagdish son of Lakhan and Krishan alias Rajpal son of Hari Singh were arrested on 29.6.2001. It was submitted by the learned counsel for the petitioner that before her death, Anuradha had made statement on the basis of which case under section 307-498-A IPC was registered. After the death of Anuradha, that statement assumed the shape of dying declaration. In that statement, Anuradha had accused only her mother-in-law of having poured kerosene on her and setting her afire saying why they (her parents) were not giving them tractor in dowry. It was submitted that Anuradha had not allegedly in her statement that her husband was present when she was allegedly set afire by her mother in law. She had stated that her husband was away to the fields. it was submitted that the only attribution which she had made to her husband was that her husband used to beat her and demand tractor as dowry from her parents. It was submitted that her husband played no role in setting her afire. It was submitted that at best her husband could be guilty of offence punishable under Section 498-A IPC. It was also submitted that Anuradha had nowhere stated as to when her husband had demanded tractor by way of dowry prior to her death. It was submitted that there should have been demand for dowry soon before death. It was also submitted that if Ram Karan alias Lilu had wanted Anuradha's death, he would not have taken her to the hospital and got her admitted. It was submitted that accused Krishan alias Rajpal and Jagdish son of Lakhan were allowed bail by Additional Sessions Judge, Sonepat.
(3.) LEARNED State counsel on the other hand submitted that it was a case where Anuradha was being subjected to cruelty by her husband, her mother in law and uncles of her husband because their demand for tractor by way of dowry was not being fulfiled by Anuradha's parents. It was submitted that Ram Kishan, Kamla Devi etc. PWs have stated that Anuradha was being harassed by her husband, mother-in-law and her husband's uncles as she had not been able to fulfil their demand for tractor in dowry. It was submitted that as per Ram Kishan etc. PWs, Anuradha used to be beaten by them and sent to them and that Ram Kishan used to induct her into the matrimonial home after counselling her. 10-11 months prior to the fateful day, she had been sent to her parents after being beaten by her husband and mother-in-law when she was in family way.;