IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-23645 of 2010 Date of decision : 7.9.2010 Kaka @ Jatinder Kumar …. Petitioner Versus State of Punjab …. Respondent Present: Mr. B.S. Sra, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. *** S.S. SARON, J. This order will dispose of CRM No. M-23645 of 2010 filed by Kaka @ Jatinder Kumar, CRM No. M-24546 of 2010 filed by Sweety @ Rekha and CRM No. M-24748 of 2010 filed by Sukhdarshan Kumar. Heard counsel for the parties. The respective petitioners seek pre-arrest bail in case FIR No.236 dated 30.11.2008 for the offence under Section 306 IPC registered at Police Station B-Division, Amritsar. Kaka Singh (petitioner in CRM No. M-23645 of 2010) and Sukhdarshan Kumar (petitioner in CRM No. M-24748 of 2010) are brothers. They are the sons of Kishan Chand. Sweety @ Rekha (petitioner in CRM No. M-24546 of 2010) is the wife of Sukhdarshan Kumar. The FIR (Annexure P3) has been registered on the statement of Suresh Kumar son of Subash Chander, who is the brother of the deceased Smt. Sonia. The marriage of Sonia (deceased) was solemnized with Rajesh Kumar son of Kishan Chand who is the brother of the petitioners-Kaka and Sukhdarshan Kumar about 8 CRM No. M-23645 of 2010 [2] years ago. After the marriage, the husband of Smt. Sonia (deceased) namely Rajesh Kumar, her mother-in-law Dharmo Rani, the elder brother of Rajesh (Jeth) namely Sukhdarshan Kumar (petitioner), the elder brother’s wife (jethani) namely Sweety @ Rekha (petitioner) and husband’s younger brother (devar) namely Kaka (petitioner) it is alleged had demanded dowry and money. They used to harass and torture Sonia (deceased) mentally and physically. On 30.3.2008, the abovesaid accused after their joint discussion and consent, demanded dowry and burnt the sister of the complainant. It is alleged that the accused had political approach and liason due to which the police of Police Station B-Division, Amritsar did not register a criminal case against them. It may be noticed that the petitioners were not sent up for trial as they were found innocent. They have been summoned by order dated 7.6.2010 (Annexure P7) by the learned Additional Sessions Judge, Fast Track Court (Ad hoc), Amritsar. The deceased Smt. Sonia had made a dying declaration before SI Randhir Singh in which she stated that she was preparing food on the stove that all of a sudden at about 1.30 p.m. the stove burst and the kerosene oil splashed on her and she was burnt. Her husband Rajesh Kumar, her sister-in-law (jethani) Sweety and her husband’s sister (nanad) Darshana in order to extinguish the fire put water on her and her clothes which also caused injuries on her body. Nobody was guilty for it. The incident occurred all of a sudden through which she was injured. It was stated that no action be taken against anyone. The statement of Sonia (deceased) is in the nature of a dying declaration was also recorded by the learned Judicial Magistrate Ist Class on 30.3.2008 in which she stated that due to blast of the stove, she caught fire. At that time her husband, children, CRM No. M-23645 of 2010 [3] husband’s sister (jethani) Sweety, sister-in-law (darani) Neetika and husband’s sister (Nanad) Darshana came there. They tried to extinguish the fire by putting water. Then all of them took her to the hospital. For her burning, nobody was responsible as it took place by itself. The petitioners have now been summoned in terms of Section 319 CrPC. The husband of the deceased namely Rajesh Kumar has been granted regular bail vide order dated 14.11.2008 (Annexure P6) passed by the learned Additional Sessions Judge, Amritsar. The petitioners have been summoned in view of the statement of Rakesh Kumar (PW1) and Suresh Kumar (PW2). They have stated that the petitioners used to ill-treat Sonia (deceased). The custody of the petitioners is not required for the purposes of investigation. The petitioners have been summoned for having committed the offence under Section 306 IPC. The prosecution is to establish and prove its case during trial. There are two dying declarations of the deceased Sonia, in which she absolves the petitioners. In the circumstances, the petitioners shall put in appearance before the learned trial Court on the next date of hearing i.e. on 13.9.2010. However, in the event of arrest, they shall be admitted to bail on their furnishing personal bonds and surety each to the satisfaction of the learned trial Court. Crl. Misc. petition stands disposed of. However, nothing stated herein shall be construed as an expression of opinion on the merits of the case and the learned trial Court shall consider and decide the case on the basis of evidence and material as adduced before it. (S.S. SARON) JUDGE September 7, 2010 Sonia/amit