S.S.GREWAL, J. - (1.) THIS application for grant of bail on behalf of Amrik Singh, elder brother of the husband of deceased Asha Devi, and Om Parkash, younger brother of that husband of the said deceased, has been pressed mainly on the ground that Paramjit Kaur, their sister and Nanaki Devi, their mother, have already been released on bail by the Session Judge, that the case of the petitioners is on a better footing, inasmuchas, Asha Devi deceased in her dying declaration attributed the sprinkling of kerosene oil and setting her to fire by Paramjit Kaur, whereas, the present accused were merely arrested on suspicion, and that no part was attributed to them. Secondly, it was submitted that, Asha Devi was not in a position to make any dying declaration, as she remained unconscious till she succumbed to her burn injuries. It was further submitted that even the alleged dying declaration does not find any specific mention in the first information report lodged by the brother of the deceased.
(2.) PERUSAL of the order of Sessions Judge, Faridabad, dated 14.6.19899 granting bail to Nanki Devi, mother-in-law of the deceased and Paramjit sister-in-law of the deceased shows that Nanaki Devi and Paramjit were granted bail without considering the merits of the case. Nanaki Devi mother-in-law, and Paramjit, sister-in-law of the deceased, were granted bail apparently because they are women. According to prosecution, Paramjit sister-in-law of the deceased, was carrying her small baby. Thus, mere grant of bail to Nanaki Devi and Paramjit, co-accused of the Petitioners, cannot be considered a sufficient ground to grant bail to the present petitioners. According to the prosecution, the deceased had informed her mother on 10th May, 1989 that on the previous day she was given beating by her husband and his other relations, including the present petitioners, in order, to coerce her to bring Rs. 50,000/- from her parents. It has been specifically alleged that Asha Devi was set on fire by her husband and his other relation, including the present petitioners, on 13th May, 1989, and, on the following day she breathed her last. Besides, the deceased in her dying declaration before her sister Pritam Kaur and Ashok Kumar, their neighbour, specifically stated that after sprinkling kerosene oil she was put on fire in the very presence of her husband and his relations, including the present petitioners. For the purpose of granting bail it would not be possible at this stage to weigh the evidence or to go into the merits of the case.
(3.) APPARENTLY , it is a case of bride burning and the alleged motive for this heinous crime was inadequacy of dowry, which is a deep-rooted social evil. The offence was committed inside the house, where the husband of the deceased and his other near relations, including the present petitioners where present. Normally in such cases there would be allround. Attempt to cover up the commission of the offence by the family members concerned. Offence under Section 304-B of the Indian Penal Code deals with the commission of such an offence by the husband, or his relations within seven years of her marriage. The Legislature in its wisdom has introduced this provision for protection of defenceless women. Dealing with the dowry death cases, it was observed by the Apex Court in Stree Atychar Virodhi Parishad v. Dilip Nathumal Chordia and another, 1999(1) Supreme Court Cases 715, as under : "......It is only to emphasize that it is not enough if the legal order with sanction alone moves forward for protection of women and preservation of social values. The criminal justice system must' equally respond to the needs and notions of the society. The investigating agency must display a live concern and sharpen their wits. They must penetrate into every dark corner and collect all the evidence. The court must also display greater sensitivity soft justice" ;