MURTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard. According to Yogesh (who is lodger of the FIR), his sister Kamla was married about 6 years ago to Dharambir son of Attar Singh. She was his only sister. She could not bear any child. Her sister's husband Dharambir was alcoholic and he used to beat his sister and on that account, his sister used to live mostly with him (Yogesh) at village Bawal. A few days prior to the incident, her sister's husband Dharambir and his father Attar Singh apologised and brought Kamla to the matrimonial home. On 3.11.1998 at about 2.30 PM, Jagdish son of Jagpttool resident of village Mallahera accompanied by a few persons came to the house of Yogesh at village Bawal and told him that Kamla had died on the night intervening 2/3 November, 1998. Thereupon, he (Yogesh) his uncle Ram Chander, Pat Ram and some other people from village Bawal went to village Mallahera. They inquired about the cause of death of Kamla from her father-in-law Attar Singh, her mother-in-law Murti and her husband Dharambir. Hukam Singh, Mir Singh, Sube Singh sons of Khisa Ram and one Sandeep son of Hukam Chand. They inquired about the cause of death from other people of village Mallahera. They could not get any satisfactory reply from them with regard to the cause of death of Kamla. They came to know that Dharambir and other members of the family had strangulated Kamla to death at about 9.10 PM on 2.11.1998. In the FIR, there is no mention that there was any demand for dowry upon Kamla or that she was being Coal- treated on account of the non-fulfilment of that demand. In fact, there is no such allegation in the FIR. In the post mortem report, the cause of death given is asphyxia as a result of hanging which was ante mortem in nature and sufficient to cause death in the ordinary couse of nature.

(2.) As to that she was murdered, there is no evidence, either direct or circumstantial. It could either be dowry death as defined in Section 304-B, IPC or it could be suicide by her falling within the mischief of Section 306 IPC. As to that it is dowry death at the cost of repetition. I should say that there is no allegation that there was ever any demand upon her, or that she was ever maltreated on account of the non-fulfilment of the alleged demand upon her. It is a matter to be adjudicated at the trial whether it is inurder or it is dowry death or it is suicide on being abetted by the accused persons.

(3.) Without going much into these points, I think bail should be allowed to the petitioner. So, bail to him to the satisfaction of Chief Judicial Magistrate, Rewari.