Duni Chand vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 244/12 dated 6.9.2012, registered at Police Station, Balh, Distt. Mandi, H.P., u/s 306 IPC. It has been stated that petitioner has no knowledge regarding the incident nor he has any connection or concern with the same. The petitioner was not even in District Mandi on the alleged date of incident. The petitioner had gone to Solan in connection with the admission of his son in L.R. Institute, Solan.

The petitioner has learnt through Punjab Kesari Newspaper that police is on the look out of the petitioner in connection with the above case. The deceased was habitual of lodging false complaints against the petitioner and his family. One such complaint was lodged by the deceased against the petitioner on 1.9.2012.

The petitioner on account of registration of above case apprehends his arrest in the case. The petitioner is innocent. He has committed no offence. The petitioner is ready to join investigation and furnish bail bonds. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that case has been registered on the complaint of Muni Lal. The complainant has stated that his wife Jamuna Devi has committed suicide on account of abuses, torture and beatings given by Duni Chander brother of the complainant. He has stated that on 26.8.2012, he had gone to Thunag. On 1.9.2012 his wife informed him on mobile that Duni Chand gave her beatings with sticks, kicks and fist blows. The complainant had shown his inability to come to home but advised his wife to report the matter to police.

On 4.9.2012, the deceased again informed on telephone that Duni Chand was troubling her, she asked the complainant to return home immediately. The complainant again showed his inability to come to home. He told that he would come on 7.9.2012. On 5.9.2012 at about 9.30 a.m. Mahant Ram President told the complainant that Jamuna Devi had consumed poison and was rushed to hospital.

The complainant reached the hospital at about 1.30 or 2.00 p.m. and found the dead body of his wife in the mortuary. He could not tell anything to the police due to extreme grief and sadness. After cremation, the complainant came to know that on 5.9.2012 at about 7.00 a.m. Duni Chand abused the deceased, who consumed poison. The deceased ended her life on account of abuses, ill-treatment and beatings given by Duni Chand. On this case has been registered.

The post mortem on the dead body of the deceased was got conducted. The doctor observed that final opinion will be given after chemical analysis report of viscera. The recoveries were made. Duni Chand has gone underground since 5.9.2012. It has come in the investigation that on 1.9.2012 Duni Chand gave beatings to Jamuna Devi, rapat No. 22 dated 1.9.2012 was recorded at police station, Balh to this effect. Jamuna Devi was got medically examined, some simple injuries were found on her person.

The mother-in-law of Jamuna Devi has also stated that Duni Chand used to give beatings to Jamuna Devi. It has come in the investigation that Jamuna Devi committed suicide on account of ill-treatment of Duni Chand. The report from chemical examiner is awaited. The custodial interrogation of the petitioner is necessary. The submission has been made for rejection of bail application.

Heard and perused the record. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. The petitioner was not in Mandi District on the relevant date, he was at Solan in connection with the admission of his son. The petitioner has not cordial relations with his mother and complainant who is the brother of the petitioner. The custodial interrogation of the petitioner is not necessary.

The learned Addl. Advocate General has submitted that deceased was ill-treated by the petitioner on 5.9.2012 and before that on 1.9.2012 rapat No. 22 was recorded at Police Station, Balh. Yogita Kumari a neighbour in her statement u/s 161 Cr.P.C. has stated that on 5.9.2012 at about 9.30 a.m. Jamuna Devi raised calls. She responded to the calls of Jamuna Devi, who told that she had consumed poison on account of ill-treatment of Duni Chand. She called Kamal Dev and in the meantime Pradhan, Mast Ram came there.

Kala Devi, mother of petitioner in her statement u/s 161 Cr.P.C. has stated that Duni Chand and Muni Lal his sons are not on talking terms for the last about two years. Duni Chand had been ill-treating her as well as Jamuna Devi. He had been giving beatings to Jamuna Devi. Duni Chand on 1.9.2012 had given beatings to Jamuna Devi. She went to the spot, but Duni Chand even pushed her as a result of which she fell down. On 5.9.2012, Duni Chand abused Jamuna Devi and as a result of ill-treatment of Duni Chand, Jamuna Devi committed suicide by consuming poison.

The allegations against the petitioner are serious. The neighbour Yogita Kumari and mother of the petitioner have stated in their statements, u/s 161 Cr.P.C. regarding the ill-treatment of Duni Chand to deceased, as a result of which deceased ended her life by consuming poison. The investigating agency has prayed for custodial interrogation of the petitioner in order to reach the truth. In these circumstances, no case for bail u/s 438 Cr.P.C. is made out. Hence, the bail application is dismissed. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.