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2002 DIGILAW 516 (PNJ)

Ram Lubhaya v. State Of Punjab

2002-05-08

R.C.KATHURIA

body2002
Judgment R.C.Kathuria, J. 1. Ram Lubhaya - petitioner has filed the petition under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail in case bearing First Information Report No. 198 dated 6.7.2001 registered under Section 306/34 of the Indian Penal Code at Police Station Sadar, Hoshiarpur. 2. Meena Rani daughter of Garib Dass was married to Ram Lubhaya resident of Village Harkhowal, in the year 1994. Out of this wedlock two children were born, one of them is son and the another is daughter. After one year of her marriage, her mother-in-law Ram Piari, her husband Ram Lubhaya and her husbands younger brother Sunehri Lal started harassing her on account of insufficient dowry. on 1.7.2001 Meena Rani alongwith her children visited the house of her parents and narrated the incident of her harassment and beating given to her. She further informed her parents that she has been asked to bring gold kara and ring and other articles from them. Meena Rani further informed her father Garib Dass that she was fed up and would commit suicide, but she was persuaded to return to her matrimonial home. On 5.7.2001 Sunehri Lal informed Garib Dass on telephone about the admission of Meena Rani in the Civil Hospital, Hoshiarpur on account of low blood pressure. 3. While she was admitted, the Medical Officer sent an intimation to the police Station, Mehtiana. ASI Gurnam Dass went to the hospital and recorded the statement of Meena Rani. Wherein she explained that she was having fever for the last two days and was feeling pain in her body. In that connection, she had consulted Dr. Sital Singh of Village Bassi Daulat Khan and got medicine from him. She had also obtained some dessi medicines from some quack and after she consumed some medicine from the packet given to her, she started vomiting. At that time her husband was not present in the house. After arranging for conveyance, she was brought to the hospital. She further stated in her statement that she had got some reaction of the medicine and nobody was responsible for it. 4. When Garib Dass came to the hospital, he met his daughter Meena Rani. At that time her husband was not present in the house. After arranging for conveyance, she was brought to the hospital. She further stated in her statement that she had got some reaction of the medicine and nobody was responsible for it. 4. When Garib Dass came to the hospital, he met his daughter Meena Rani. According to his version, Meena Rani told him that she had taken poison because she had got fed up with the behaviour of Ram Piari, her husband Ram Lubhaya and her husbands brother Sunehri Lal. On the same night she expired. Thereafter on 6.7.2001 the present case was registered. 5. Counsel representing the petitioner-accused, while pressing for his bail has made several submissions. According to him, in the dying declaration recorded, Meena Rani had not attributed the cause of her death to any one. He has also pointed out that the viscera was sent to the Chemical Examiner, Punjab and as per finding of the Chemical Examiner, no poison was detected. Further it was also submitted by him that cause of death has been found to be aspiration, as per report of the doctor. 6. Counsel representing State, while opposing the bail application has contended that serious allegations of cruelty have been attributed to the petitioner-accused and as such concession of bail be not extended to him. 7. Taking into account the totality of the circumstances on record the bail application is accepted. It is directed that the petitioner shall be admitted to bail by the trial Judge/CJM, Hoshiarpur on his furnishing bail bonds to his satisfaction.