IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-37964 of 2010 Date of decision: 10.2.2011 Rajni Kaur …. Petitioner Versus State of Punjab …. Respondent Present: Ms. Harmanpreet Kaur , Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. Mr. Parminder Singh-I, Advocate for the complainant. *** S.S. SARON, J. Heard counsel for the parties. The petitioner Rajni Kaur seeks regular bail in a case registered against her on 22.8.2010 for the offences under Sections 306 and 34 IPC. The FIR in the case has been registered on the statement of Rimpy who was married with Avtar Singh. According to the complainant, her brother-in-law (Jeth) namely Gabbar Singh and sister in law (Jethani) namely Rajni (petitioner) were living with their children separately from them. The petitioner who is the sister-in-law (Jethani) of the complainant-Rimpi, it is alleged, had illicit relation with Avtar Singh-husband of the complainant, due to which her husband Avtar Singh used to ill-treat her. The petitioner CRM No. M-37964 of 2010 [2] used to say that she would not allow the complainant to live peacefully. On 19.8.2010 i.e. the date of occurrence, the petitioner had gone to her parental home at Alwar. Avtar Singh (husband of the complainant) and Gabbar Singh (brother-in-law of the complainant) were having drinks. The maternal uncle (mama) of the husband of the complainant had also come. At about 10.30 at night Gabbar Singh, brother-in-law (Jeth) of the complainant and Avtar Singh, husband of the complainant started ill-treating the complainant. Avtar Singh was saying that Gabbar Singh was his brother so why can not he eat and drink with him. The complainant in order to frighten her husband and brother-in- law (Jeth) burnt her ‘chunni’ (veil) but her body caught fire. She tried to throw her ‘chunni’ (veil) away but her entire body got burnt. The sister-in-law (darani) in relation of the complainant namely Shabnam wife of Juma who was living with them tried to save the complainant and raised cries. In the meantime, Kuldeep Kaur wife of Jaswant Singh after arranging vehicle for treatment got the complainant admitted in Civil Hospital, Bathinda where her treatment was going on. It is stated by the complainant that due to maltreatment by her husband namely Avtar Singh, brother- in-law (jeth) namely Gabbar Singh and sister-in-law (jethani) Rajni, she burnt her ‘chunni’ (veil) in order to frighten them due to which her clothes caught fire; besides, her whole body was burnt. The complainant Rimpi later died. Her dying declaration was recorded. She was questioned as to when the incident had occurred when she caught fire. CRM No. M-37964 of 2010 [3] Rimpi, complainant replied that on 20.8.2010 at about 7.30 p.m. she was about to have her meal. Her husband’s maternal uncle (mama) namely Bali had come and he went to the room of Gabbar Singh (brother-in-law of the complainant). It is stated that the entire problem was Gabbar Singh and his wife (petitioner). Gabbar Singh, it is stated, was sleeping then he started hurling filthy abuses which she could not bear. She had stopped her husband Avtar Singh from going to his room. In the heated exchange of words that followed the complainant had set herself on fire. It is stated that she had lit the match stick to frighten her husband. It may be noticed that the petitioner was not at home at the time when the incident had occurred. Besides, the complainant herself has stated that she had intended to frighten her husband and her brother-in-law. The petitioner is in custody since 19.9.2010. Out of the 17 PWs cited by the prosecution, none has been examined till date. In the circumstances, the Crl. Misc. petition is allowed and the petitioner on her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Bathinda shall be admitted to bail. (S.S. SARON) February 10, 2011 JUDGE amit