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2006 DIGILAW 2104 (PNJ)

Ajit Singh Alias Jit Singh v. State Of Punjab

2006-05-15

BALDEV SINGH

body2006
Judgment Baldev Singh, J. 1. This petition has been filed under Sec.439 of the code of Criminal Procedure for granting bail to accused petitioner ajit Singh alias Jit Singh in case F. I. R No.71 dated 12.8.2005 under Sections 304-B and 120-B of the Indian Penal Code registered at Police Station Kurali, District Ropar. 2. Saroj daughter of Dev Kaur (complainant) had committed suicide on 8.8.2005 at about 10 A. M in the house of her in-laws. On receiving information about her death, Dev Kaur (complainant) along with her relatives came to Village Salamatpur at the house of the petitioner and found the dead body of Saroj. Inquest proceedings were conducted by the police on her dead body. Statement of Dev Kaur was recorded during inquest criminal Miscellaneous No.12621-M of 2006. proceedings on 8.8.2005. She had made statement that Saroj was pregnant about six months back and she had a miscarriage due to which she was living under tension. She committed suicide. None of the in-laws family members was present at that time in the house. She further stated that she along with her relatives and sons had come to Village Salamatpur and had seen the dead body of saroj. They had no suspicion of any kind on the in-laws family members with regard to the death of Saroj. Her death took place due to her mental tension and nobody was responsible for the same. Then, there was gathering of the respectables of both the villages i. e. Salamatpur and Jaloli in the form of Panchayats. 3. This petitioner and Dev Kaur (complainant) were signatories to a written compromise which was effected on 8.8.2005. Both the parties agreed that Saroj was mentally upset and she committed suicide. 4. There was no involvement of her in-laws family and no legal action be taken against anybody and with the consent of both the panchayats, her dead body was then cremated. It was on 12.8.2005 that Dev Kaur made a divergent statement. She stated that the entire family of in-laws of Saroj used to harass her for bringing less dowry. She believed that Saroj was mentally upset and she, therefore, committed suicide. It was on 12.8.2005 that Dev Kaur made a divergent statement. She stated that the entire family of in-laws of Saroj used to harass her for bringing less dowry. She believed that Saroj was mentally upset and she, therefore, committed suicide. In fact, she committed suicide because of the harassment given by her husband Sukhbir singh, father-in-law Jit Singh (petitioner), husbands brother gurpreet Singh, Ghoghar (Balwinder Kaur, sister-in-law) and Kaka singh (cousin of the husband) for which a criminal case under f. I. R No.71 dated 12.8.2005 under Sections 304-B and 120-B of the Indian Penal Code was registered at Police Station Kurali, 5. District Ropar. Ld. Counsel for the petitioner argued that the subsequent version given by Dev Kaur (complainant) on 12.8.2005 was the result of much thought and consultations. Her earlier version made on 8.8.2005 exonerated all the members of sarojs in-laws family. So, no implicit reliance can be placed on the subsequent statement of Dev Kaur. Further that no instance has been given in the F. I. R as to on which occasions the petitioner and other family members caused harassment to Saroj in connection with the demand of dowry. Kaka Singh, Balwinder Kaur alias Ghoghar and Gurpreet singh are already on bail. Statements of nine prosecution witnesses, who were material witnesses, have already been recorded and now there is no legitimate fear that the petitioner would tamper with the prosecution evidence. Under the circumstances, this petition is allowed and the accused-petitioner ajit Singh alias Jit Singh is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the Chief Judicial magistrate/duty Magistrate, Ropar.