Gurpreet Singh vs State of Punjab

S.S. Saron, J.—Heard learned Counsel for the parties.

The Petitioner seeks regular bail in a case registered against him for the offence u/s 306/34 IPC.

The FIR in the case has been registered on the statement of Mohinder Singh who has stated that his sister Veerpal Kaur (deceased) is married to the Petitioner Gurpreet Singh for the last nine years. After marriage, the complainant came to know that Gurpreet Singh (Petitioner) was married earlier. A case of earlier marriage is pending against him in which he was convicted and he was on bail. Gurpreet Singh (Petitioner), his father Sukhwinder Singh alias Ram Singh and grand-mother-in-law Jaswant Kaur used to beat Veerpal Kaur-sister of the complainant. They were harassing her for getting a Winnowing Chaff Machine. Some day earlier to the incident Veerpal Kaur came to the house of the complainant at Village Mankhera and she informed that her husband Gurpreet Singh, her father-in-law Sukhwinder Singh alias Ram Singh and grand-mother in-law Jaswant Kaur were harassing her so as to get Winnowing Chaff Machine. She was very upset about them. On 13.3.2010 at about 9.00 a.m., Beant Kaur-younger sister of the complainant, who is married at Village Jhanduke, called the complainant to inquire about whether Veerpal Kaur had come to their Village Mankhera, because the son of Gurpreet Singh�s aunt came to her and had inquired about Veerpal Kaur. The complainant then along with his cousin Jaswant Singh went to the house of his sister at Village Chuhria and inquired about his sister. However, the in-laws of the sister of the complainant did not give any proper reply. Then they returned home and continued to search for her at their own level. On 14.3.2010 at around 10.00 a.m., they got a telephone call from the in-law�s family that the dead body of Veerpal Kaur had been found in the village pond and then the complainant along with his cousin Jaswant Singh and Harjinder Singh reached Village Chuhria. The dead body of Veerpal Kaur was lying near the pond. The cause of death was due to the harassment of her in-laws. After leaving Jaswant Singh and Harjinder with the dead body, the complainant was going to the Police Station for making a complaint that he met Karamjit Singh, SHO, Police Station Jaurkian.

The Petitioner is in custody since 14.3.2010. In the trial of the case out of 15 PWs only two have been examined. The case is one for the offence u/s 306/34 IPC. The sister of the complainant, namely, Veerpal Kaur was married with the Petitioner for the last nine years. Although, the Petitioner is stated to have been earlier married and also convicted, however, according to the learned Counsel for the Petitioner there was no complaint by Veerpal Kaur or by her family members. The allegations that the Petitioner�s family was demanding a Winnowing Chaff Machine are not tenable.

In response, learned Counsel for the State has submitted that the death in this case has been opined initially due to asphyxia resulting from drowning which was ante-mortem in nature. However, the doctor has stated that final opinion will be given after Chemical Examiner�s report. It is submitted that after the report of the Chemical Examiner the doctor opined the cause of death in this case as drowning which was ante-mortem in nature along with the poisoning as per Chemical Examiner�s report. Therefore, it is submitted that it is not because of mere drowning but due to poisoning that death had occurred.

After giving my thoughtful consideration, it may be noticed that the Petitioner is in custody for the last about a year and out of 15 PWs only two have been examined so far. The trial is likely to take time. The Petitioner is being prosecuted for the offence u/s 306/34 IPC. The prosecution has to establish and prove its case by leading evidence. It is to be shown and established that the Petitioner had instigated and abetted the commission of suicide by Veerpal Kaur.

In the facts and circumstances, the Petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Mansa shall be admitted to bail.

The criminal Miscellaneous Petition stands disposed of.