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2010 DIGILAW 382 (RAJ)

Punma Ram v. State of Rajasthan

2010-02-17

K.S.CHAUDHARI

body2010
JUDGMENT 1. - Brief facts of the prosecution case are that on 03.10.2009 at 12.30 P.M., deceased Janta gave 'Parcha Bayan' and alleged that she was married to petitioner, Punma Ram and accused petitioner No.2 Shanti is her mother-in-law. She used to go to her parental house as and when she liked. She further alleged that behaviour of her husband, mother-in-law and grand mother-in-law was not good with her, therefore, she was not happy. On account of anger, she poured kerosene on her body and set at fire. On hearing hue and cry, some neighbours entered in her room and she was thereafter taken to hospital. She has not been burnt by any other person. She had no problem in her matrimonial house. On this 'Parcha-Bayan', case under Section 498A of IPC was registered. During investigation, Janta died and after completion of investigation Challan under Sections 498A and 304B of IPC was filed against the petitioners. 2. Heard learned counsel for the petitioners and learned Public Prosecutor. 3. Learned counsel for the petitioners submitted that deceased Janta poured kerosene on her body and set at fire on account of anger. The petitioners have not set her on fire, so they may be enlarged on bail. 4. Per contra, learned Public Prosecutor has drawn my attention to the statements of witnesses, namely, Hajari Prasad and Parkharam, who have stated that the petitioners poured kerosene on deceased Janta and set her on fire. 5. As per 'Parcha-Bayan' on account of bad behaviour and on account of anger, she poured kerosene on her body and bolted room and set on fire. The witness, namely, Smt.Diyadi in her statement has stated that work performed by deceased Janta was not appreciated by her husband and in-laws. On account of this they used to quarrel. The petitioner i.e. husband used to ask her to bring money. She also stated that on hearing the hue and cry, she went on the spot and saw that Janta was burning and she brought her outside the room. The aforesaid statement has also been corroborated by other witnesses, namely, Dami and Ranaram, who are also the neighbours of the petitioners. 6. Hajari Prasad, who is the father of the deceased and Parkharam, who is uncle of the deceased, have stated that on account demand of dowry she was burnt by her husband and mother-in-law. The aforesaid statement has also been corroborated by other witnesses, namely, Dami and Ranaram, who are also the neighbours of the petitioners. 6. Hajari Prasad, who is the father of the deceased and Parkharam, who is uncle of the deceased, have stated that on account demand of dowry she was burnt by her husband and mother-in-law. However, this fact has not been stated by the deceased in her 'Parcha-Bayan'. Smt.Rasal, who is mother of deceased has stated in her statement that she is not aware whether deceased was set at fire or she herself died on account of anger. The witness, Hajari Prasad has stated that his daughter did not tell anything to him whereas Parkha Ram has stated that petitioners poured kerosene on deceased and set her on fire, this fact has not been stated by the deceased in her 'Parcha-Bayan'. 7. Without going into merits of the case, I deem it proper to enlarge the petitioners on bail. Accordingly, this bail application under Section 439, Cr.P.C. is allowed and it is directed that the petitioners, (1) Punma Ram s/o. Shri Kama Ram, and (2) Shanti w/o. Shri Kama Ram be released on bail in relation to FIR No.376/2009, Police Station Sanchore, District Jalore provided each of them executes a personal bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sound and solvent sureties in the sum of Rs. 10,000/- (Rupees Ten Thousand) each to the satisfaction of the teamed trial Court for their appearance before that court on each and every date of hearing and whenever and wherever called upon to do so till the completion of trial.Bail Application Allowed. *******