Harwinder Singh and Others vs State of Punjab

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

The complainant-Sarabjit Kaur is married to Avtar Singh. The marriage between them was solemnized seven years earlier to the registration of FIR on 5.10.2010. The Petitioners are brother, sister and mother respectively of Avtar Singh. The complainant-Sarabjit Kaur has alleged that ever since her marriage with Avtar Singh, her in-laws (Petitioners) quarreled with her. They beat her and left her in her parental house. Thereafter, with the intervention of her relatives the matter was compromised and she came back to her in-laws. This had happened on several occasions. On 30.9.2010 at about 11.00 in the morning, the complainant was doing household work at her in-laws house. Her brother-in-law Harwinder Singh alias Tony (Petitioner No. 1) under intoxication said that no land would be given to the complainant and when her son (Asardeep) would be about 18 years of age then land would be given to her. It is also alleged by the complainant that her mother-in-law Gurmeet Kaur (Petitioner No. 3) also said that the complainant should be left at her parental house. Thereafter, the Petitioners, it is alleged, forcibly administered some poisonous substance in her mouth and she lost her consciousness. Her brother-in-law-Harwinder Singh alias Tony (Petitioner No. 1) informed the father of the complainant, namely, Sampuran Singh that the complainant had taken some poisonous substance and had fainted. On this Sampuran Singh, father of the complainant got her admitted in an unconscious condition at Civil Hospital at Dhariwal. It was requested that action be taken.

According to the Petitioners, the FIR is a bundle of false allegations, inasmuch as, the husband of the complainant has not been named as an accused. Therefore, it is alleged that the husband and wife had connived with each other to implicate the Petitioners.

According to the learned Counsel for the State the case is one of Section 328 IPC and the Petitioners are not entitled to the concession of bail.

Learned Counsel appearing for the complainant has strongly opposed their bail. It is submitted that the complainant was taken to Dr. B.S. Dhillon at Dhariwal. On a requisition submitted by Avtar Singh, ASI, Police Station Ghanie Ke Bangar, Tehsil Batala, District Gurdaspur, the doctor recorded that the complainant was admitted with history of Furanderin poisoning and after giving treatment in the form of injection, she was discharged on 1.10.2010. Therefore, it is submitted that the complainant had waited for five days to compromise the mater. It is when no one came to compromise the matter that the FIR was registered.

After giving my thoughtful consideration to the matter, it may be noticed that the dispute is between the daughter-in-law Sarabjit Kaur and the Petitioners, who are the brother-in-law, sister-in-law and mother-in-law of the complainant-Sarabjit Kaur. The poisonous substance is alleged to have been administered on 30.9.2010. The complainant was taken to Dr. B.S. Dhillon at Dhariwal which is about 40 kms. from the place of occurrence. According to learned Counsel for the Petitioners the nearest Civil Hospital is at Dhinpur which is 5 kms. from the place of occurrence. It is not in dispute that no MLR of the complainant was prepared and no sample was collected for the purpose of analysis. In consequence of the interim bail granted on 6.12.2010, the Petitioners have joined the investigation.

In the circumstances, interim bail granted on 6.12.2010 is made absolute.

The criminal miscellaneous petition stands disposed of.