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2006 DIGILAW 1756 (PNJ)

Joga Singh v. State Of Punjab

2006-04-26

BALDEV SINGH, DALJIT SINGH RAJPUT

body2006
Judgment Baldev Singh, J. 1. Joga Singh has filed this petition under Sec.439 of the Code of Criminal Procedure for granting him bail in case f. I. R. No.239 dated 5.10.2005 under Sec.306 of the Indian penal Code registered at Police Station Shahkot, District Jalandhar. 2. It is argued by the Ld. Counsel for the petitioner that he has not committed offence under Sec.306 of the Indian penal Code. The family of the deceased was not the prospective in-laws of the petitioner. He belongs to Jat Sikh family whereas the complainant and the deceased belong to Balmiki family. 3. There is no allegation that he administered poisonous substance to the deceased. The complainant lodged false F. I. R. The complainant had executed an agreement of sale in favour of the petitioner. Sale deed was agreed to be executed on 7.5.2006. 4. The petitioner was arrested on 14.10.2005. Conclusion of the trial would take time. Hence, the petitioner be admitted to bail. Arguments of the Ld. Counsel for the petitioner and of the assistant Advocate General, Punjab, appearing for the respondent-State, were heard. 5. Jagir Singh, father of deceased Anoop Kaur alias Roopo made statement, on the basis of which this case was registered. He alleged that in their absence, the petitioner used to oppress anoop Kaur alias Roopo. She was unmarried girl aged about 18 years. Jagir Singh had complained about this misconduct of the petitioner to Chaman Lal, Ex-Sarpanch, Kala Singh, Member panchayat and Mohan Singh, Sarpanch etc. Some days before the death of Anoop Kaur alias Roopo, there was an assemblage of the relatives of Jagir Singh in Gurudwara Ber Sahib at sultanpur and Anoop Kaur was approved for her marriage with a boy of Village Saroowal. On the next day, Joga Singh (accused-petitioner) went to Village Saroowal, contacted the prospective bridegroom and talked ill of Anoop Kaur before him, as a result of which the boy disapproved her for marital relationship. On 4.10.2005, at about 4 P. M, Anoop Kaur was working in the field. The accused-petitioner gave her filthy abuses. She went to her house and swallowed some poisonous substance. She was being taken to Civil Hospital, Lohian and she died on the way. There was no ill-will between Jagir Singh (complainant)and Joga Singh (accused-petitioner) regarding agreement of sale. 6. The sale deed was agreed to be executed on 7.5.2006. The accused-petitioner gave her filthy abuses. She went to her house and swallowed some poisonous substance. She was being taken to Civil Hospital, Lohian and she died on the way. There was no ill-will between Jagir Singh (complainant)and Joga Singh (accused-petitioner) regarding agreement of sale. 6. The sale deed was agreed to be executed on 7.5.2006. There was no love-affair between Anoop Kaur and Joga Singh (accusedpetitioner ). 7. Parents of Anoop Kaur did not want to settle her matrimonial alliance with someone else and on that account she did not swallow poison. From the statement of Jagir Singh (complainant), it is borne out that the accused-petitioner used to harass the deceased. He went to Village Saroowal, contacted her prospective bridegroom and talked ill of her before him, as a result of which her matrimonial alliance was broken. Then on the day of occurrence he gave filthy abuses to the deceased. She felt humiliated. He created such an atmosphere and circumstances that she was compelled to take poison. So, abetment to suicide is prima facie established. The trial is yet to begin. There are no adequate grounds to admit the petitioner to bail at this stage. This petition is dismissed.