Jagat Ram vs State of H.P.

Kuldip Singh, Judge

This judgement shall dispose of Cr.MP(M) Nos.494, 495 and 496 of 2012 filed by Jagat Ram, Preeto Devi and Rakesh Kumar, respectively, u/s 438 Cr.P.C., for releasing them on bail in FIR 58/12 dated 25.5.2012, registered at Police Station, Barsar, Distt. Hamipur, H.P., under sections 498A, 306, 34 IPC. Jagat Ram, Preeto Devi and Rakesh Kumar, are father-in-law, mother-in-law and husband of deceased Rashni Devi.It has been stated that marriage of Rakesh Kumar and Rashni Devi was solemnized on 28.10.2009. The deceased was happily living in the joint family. There was no complaint from her. The deceased could not conceive and due to this reason she remained under depression. Rakesh Kumar got deceased checked at Sai Hospital, Dugga, Hamirpur and deceased was under treatment.

On 22.5.2012 the deceased and Rakesh Kumar had gone to hospital. They were returning home, the deceased on motor�cycle consumed some poison. The deceased asked Rakesh Kumar to stop the motor cycle on the pretext of vomiting. The deceased then disclosed Rakesh Kumar that she had consumed poison.

Rakesh Kumar immediately informed the parents of the deceased. The brother and one more relation of the deceased reach ed the spot and immediately took the deceased to CHC Barsar. The doctor referred the patient to Regional Hospital, Hamripur. The police was also informed by the doctor. The police reached CHC Barsar. The father of the deceased reached Barsar. Rashni could not be saved despite best efforts and while on her way to Regional Hospital, Hamirpur, she died.

The police started investigation. The police recorded the statements of the brother of the deceased and another close relative of the deceased, who stated that deceased was living happily in the family without any complaint. They did not suspect any foul play nor they wanted any action by the police. After post mortem, the dead body was handed over to the petitioners after due consent of the family members and relatives of the deceased. The petitioners performed her last rites.

The father of the deceased later on lodged the complaint by distorting facts. The complaint has been lodged after deliberation and consultation. The petitioners have been falsely implicated. On account of the registration of the case, the petitioners apprehend their arrest in the case. The petitioners are ready to join the investigation. The petitioners filed bail application, which has been dismissed by the learned Addl. Sessions Judge, Fast Track Court, Hamirpur on 30.5.2012. It has been stated that no recovery is to be made from them. The petitioners are ready to furnish bail bonds. The submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr.MP(M) No. 494 of 2012. It has been stated that on 22.5.2012 Swaran Singh came to the police station and lodged the report. He has stated that he married his daughter Rashni in October 2009 with Rakesh Kumar and gave her gifts as per his capacity. His daughter was kept properly by her in-laws for about 11/2 years, but thereafter the in-laws of his daughter started torturing her mentally. They told her that she was not conceiving, she was also asked to break the FD, which she had kept with her parents, for purchasing new items as the dowry given during marriage was useless. In the alternative, she was asked to bring better items from the money of her parents. The deceased had told once or twice this to the wife of the complainant. The complainant thought that h e would purchase some items and give to his daughter whenever he would be having some money.

On 22.5.2012 at about 3.25 p.m., Rakesh Kumar informed the complainant on phone that Rashni Devi had consumed poison and he was taking her to hospital. The complainant reached Barsar, but Rashni Devi was referred to Hamirpur. The complainant found at Saloni that Rashni had died. The complainant lost his mental balance and returned from Saloni. Later on, he confirmed on telephone that Rashni Devi was declared dead at Hamirpur hospital. He suspected that Rashni Devi had been killed by giving poison by her husband Rakesh Kumar, father -in-law Jagat Ram and mother-in-law Preeto Devi and by torturing her mentally and raising demand of dowry. In alternative, she was forced to consume poison. On this case has been registered.

The deceased Rashni Devi was medically examined at CHC Barsar on 22.5.2012 and report has been obtained, Rashni Devi died on 22.5.2012 at referral hospital Hamirpur. Thereafter post mortem on the body of Rashni Devi was got conducted on 23.5.2012. The viscera has been sent to RFSL Gutkar, Mandi and report is awaited. The complainant has produced the treatment record of deceased which she got at Sai hospital Dugga.

It has come in the investigation that on 22.5.2012, Rashni Devi alongwith her husband had gone to Sai Hospital, Dugga. They came to Mehre for purchasing medicines and from Mehre when they were returning to their home Rashni Devi three kilometers ahead Mehre while sitting on bike with her husband consumed poison. The husband immediately informed his in-laws. The brother Rajnish of the deceased came there in a vehicle, Rashmi Devi was taken to CHC Barsar, but she was not in a position to make the statement. Rashni Devi was referred to Hamirpur but she died on the way. The earlier bail applications of the petitioners have been dismissed by the learned Addl. Sessions Judge, Fast Track Court, Hamirpur on 30.5.2012. The petitioners have joined the investigation. It has been stated that custodial interrogation of the petitioners is required in order to find out truth. The submission has been made for rejection of the bail applications.

Heard and perused the record. It has been submitted by the learned counsel for the petitioners that Rakesh Kumar husband of the deceased is in Army, but had come on leave. Rashni Devi was under treatment at Sai hospital Dugga. She was not conceiving and was under depression. The parents and other close relatives of the deceased were aware of this fact. The learned Addl. Sessions Judge, Fast Track Court, Hamirpur in the order dated 30.5.2012 has noticed the statements of Rajnish Kumar and his cousin recorded at Police Post, Deot Sidh on 22.5.2012 and has observed that these persons initially did not suspect any foul play and accordingly made statements to the police.

In the complaint lodged by the father of the deceased there are general allegations against demand of dowry, no specific instance and specific item has been mentioned in the complaint, which petitioners allegedly demanded from the deceased. The allegations against the father-in-law, mother-in-law are also vague. The husband of the deceased is serving in Army. There is no allegation in the complaint that deceased was ever given beating. It is also not the case in the complaint that deceased after the marriage at any time due to ill treatment of in-laws left the house of the in-laws and came to stay with her parents. It was too early for the in-laws and the husband to come to the conclusion that deceased would not conceive in future as marriage between Rakesh Kumar and deceased took place only in October 2009. The matrimonial period of husband and wife was only of about 21/2 years. The husband was cooperating the deceased for treatment. On the fateful day also he took the deceased to the hospital and they purchased the medicines. It appears the deceased at her own level decided that she would not conceive any more and was under depression and therefore, ended her life by consuming the poison.

Rashni Devi died on 22.5.21012. The post mortem was conducted on 23.5.2012. It is the case of the petitioners that dead body of the deceased was handed over to the petitioners with the consent/ approval of the parents and other relatives of the deceased. The last rites of the deceased were performed by the petitioners. The first reaction of the brother of the deceased and his cousin was that there was nothing wrong on the part of the petitioners in the death of deceased. It is the case of the petitioners that complainant later on implicated the petitioners by lodging report on 25.5.2012 after three days of the death by leveling false allegations. The report is result of deliberations and consultations. It is not the case of investigating agency that petitioners will not be available for trial in case they are released on bail. There is nothing in the status report that some recovery is to be made from the petitioners. There is no past report of the deceased or on her behalf to any lawful authority regarding misconduct of the petitioners. In these circumstances, the petitioners have made out a case for grant of bail, u/s 438 Cr.P.C.

In view of above, all the petitions i.e. Cr.MP(M) No. 494, 495 and 496 of 2012 are allowed and it is directed that in the event of arrest of the petitioners in FIR 58/12 dated 25.5.2012, registered at Police Station, Barsar, Distt. Hamipur, H.P., under sections 498A, 306, 34 IPC, the petitioners be released on bail on their furnishing personal bonds in the sum of !25,000/- each with one surety each of the like amount to the satisfaction of arresting officer with the conditions that petitioners shall continue to join the investigation as and when called by the investigating officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The petitioners shall maintain absolute peaceful and lawful conduct during the pendency of the case. The petitioner Preeto Devi is a woman, therefore, she shall be interrogated strictly in accordance with law. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case

Copy dasti.