Malkit Singh vs State of Punjab

S.S. Saron, J.—Heard counsel for the parties.

The Petitioner seeks regular bail in a case registered against him on 31.7.2006 for the offence u/s 306 IPC.

The FIR in the case has been lodged by Dalip Singh - father of deceased - Paramjit Kaur. The Petitioner - Malkit Singh is the husband of deceased Paramjit Kaur. According to the complainant, the Petitioner was having illicit relations with his maternal aunt whose husband had died. This was objected to by Paramjit Kaur (deceased). However, the Petitioner did not stop. On 31.7.2008, the complainant received an information that his daughter - Paramjit Kaur had died. The FIR was lodged by the complainant as he was sure that Malkit Singh - Petitioner had administered some poisonous substance to her.

The FIR was registered for the offence u/s 306 IPC. The matter was compromised by way of a compromise (P2) that was recorded. The complainant stated that he did not want to lodge any false case against any person because his daughter had not been killed by any person and she had taken the poison herself and the matter was got compromised through respectables. A Panchayatnama (P3) was also recorded in which it is mentioned that Paramjit Kaur (deceased) was under mental depression and she had taken Sulfas. Thereafter, she was taken to Hartej Hospital, Amritsar, and she died. With regard to her death, no body was at fault.

In view of the compromise (P2) and the Panchayatnama (P3), the DSP Ajnala submitted his inquiry report on 19.2.2009 (P4), in which it was recorded that on 30.7.2008 Paramjit Kaur was having high fever and her condition became serious and because of this fever, she mistook the medicine and had taken some poisonous substance. Kartar Singh and his son Malkit Singh and other family members were not at fault. The compromise between both the families had also been reduced into writing. Therefore, it is not in the public interest to continue with this case and a recommendation was made for cancelling the FIR. Thereafter, Dalip Singh filed a private complaint (P5) alleging commission of offence u/s 306 IPC. The learned Sessions Judge, Amritsar, in terms of order dated 23.11.2010 (P6) held that the facts in the State case and the private case were the same and against the same accused. Accordingly, both the cases were consolidated. The charges in the case had already been framed. Therefore, it was observed that there was no need to frame fresh charges. The cases have been fixed for prosecution evidence. The Petitioner is in custody since 13.6.2010 in respect of the incident which had occurred on 30.7.2008. The prosecution is to establish and prove its case by leading evidence. It is to be established by the prosecution as to whether the Petitioner had abetted or instigated the commission of suicide by Paramjit Kaur. The trial in the case is likely to take time. So far no prosecution evidence has been recorded.

In the circumstances, the Petitioner on his furnishing personal bond and surety to the satisfaction of the learned CJM Amritsar, shall be admitted to bail.

This petition stands disposed of.