In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-8382 of 2011 ..... Date of decision:28.3.2011 Banto Devi .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. P.S. Chauhan, Advocate for the petitioner. Mr. H.S. Deol, Additional Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against her on 30.4.2010 for the offences under Sections 304-B and 34 Indian Penal Code. The FIR in the case has been registered on the statement of Rajinder Kumar son of Jai Chand at Police Station Gharaunda, District Karnal. It is stated by the complainant-Rajinder Kumar that he is a resident of Village Badail, Chandigarh (U.T.) and was residing at House No.1021, Gali No.11, Hansi Road, Karnal. He has three children i.e. two daughters, namely, Hem Lata and Seem Rana; besides, one son, namely, Shubam Kumar. The elder daughter of the complainant, namely, Hem Lata was married with Pawan Kumar son of Khilla Ram on 5.4.2004. The complainant had given sufficient dowry articles in the marriage which was beyond his capacity. For some time, the behaviour of the in-laws of Hem Cr. Misc. No.M-8382 of 2011 [2] Lata remained good. Hem Lata and Pawan Kumar had two children from the marriage, the elder a son, namely, Mannu aged 4½ years and a daughter, namely, Chinnu aged 2½ years. It is after the birth of Chinnu that the behaviour of Pawan Kumar husband of Hem Lata and Chalti Devi mother- in-law of Hem Lata changed towards her (Hem Lata) and they started torturing her and used to beat her. They demanded dowry articles from Hem Lata on 24.7.2009. Pawan Kumar and his mother Chalti Devi turned out Hem Lata from her matrimonial home after she was beaten mercilessly. The complainant then filed an application before the Women Cell, Karnal where Pawan Kumar felt sorry and a compromise was effected. Then Hem Lata was sent with Pawan Kumar. Thereafter, Pawan Kumar and his mother kept Hem Lata nicely and after some time they again gave her a merciless beating and turned her out from her matrimonial home on 18.8.2009. Hem Lata then came to her parents house at Karnal. The complainant again filed an application before the Women Cell where Pawan Kumar apologized and assured that he would keep Hem Lata properly. Hem Lata was then sent back by the complainant with his son-in-law. After some days Chalti Devi, mother-in-law of Hem Lata pressurized Hem Lata to bring a sum of `50,000/- for purchasing a van and she also gave a beating to her. Hem Lata stated that her father is a labourer and was not not in a position to fulfill a demand of `50,000/-. In any case, Hem Lata went on bearing the beating that were meted out to her. On 27.4.2010 at about 10.30 p.m., the complainant received a phone call from Pawan Kumar that Hem Lata had burnt herself. The complainant, his wife Bhawna and his son-in-law Sanjay son of Yaad Ram on the motorcycle of Sanjay reached Village Kohand. At Cr. Misc. No.M-8382 of 2011 [3] Kohand they came to know that Hem Lata had been taken to a hospital at Panipat. They then reached Panipat hospital and they came to know that due to extensive burns Hem Lata had been referred to Delhi. They then went to Delhi along with Hem Lata and on the way she (Hem Lata) told them that on 27.4.2010 at about 9.30 p.m., her husband Pawan Kumar, mother-in-law Chalti Devi and a lady, namely, Banto (petitioner) resident of Village Kohand had burnt her by forcibly putting kerosene oil on her. Hem Lata was admitted at LNJP Hospital Delhi at about 3.30 a.m. where she died after about 20 minutes. It is stated by the complainant that he had given his earlier statement under pressure of the panchayat of Village Kohand, District Karnal. The daughter-in-law of the complainant had been killed by her husband Pawan Kumar, her mother-in-law Chalti Devi and Banto Devi (petitioner) due to greed for dowry articles by putting kerosene oil on her. Learned counsel for the petitioner has contended that the petitioner though belongs to the same village as her co-accused, however, she is in no manner related to the deceased or to the family of the in-laws of the deceased and she is being falsely implicated. It is submitted that there is a delay of three days in lodging the FIR which shows that the complainant after due deliberations has named the petitioner in the FIR. Besides, the complainant has not named the petitioner in his initial statement before the Police. The petitioner also moved an application for re-investigation of the case since she was innocent. The DSP, City Karnal, it is submitted, found the petitioner innocent. However, the Police is after her and she apprehends her arrest whereas the mother-in-law of the deceased has been found innocent. In any case, it is submitted that there is no specific allegation Cr. Misc. No.M-8382 of 2011 [4] against the petitioner. In response, learned counsel for the State has submitted that the name of the petitioner specifically figures in the FIR and it has been alleged by the complainant that the petitioner sprinkled kerosene oil and had set her on fire. It is submitted that the Additional Superintendent of Police, Panipat had recorded the statements of Chetan son of Ran Singh, Manga son of Dhani Ram, Devi Singh son of Krishan, Manglu Numberdar son of Budh Ram, Sanjay Ex-sarpanch son of Nakli Ram and Ashok Mittal son of Lala Ram, who stated in one voice that they were residents of Village Kohand and they knew Pawan Kumar son of Khilla Ram very well. It is stated by them that Pawan Kumar had good relations with Banto Devi wife of Ramesh Kumar and she was on visiting terms in the house of Pawan Kumar. It is stated that there often was a quarrel in the house of Pawan Kumar. It is stated that Hem Lata wife of Pawan Kumar was a very understanding lady. It is further stated that on account of Pawan Kumar not agreeing and being fed-up with Pawan Kumar and Banto Devi, Hem Lata had put kerosene oil on herself and set herself on fire. It is also stated that the mother of Pawan Kumar, namely, Chalti Devi wife of Khilla Ram is residing separately from Pawan Kumar in the house of Hari Singh, the brother of Pawan Kumar and that she is an old lady aged 80/85 years; besides, she is unable to move around. She is not responsible for the death of Hem Lata wife of Pawan Kumar and only Pawan Kumar and his neighbour Banto Devi were responsible. After giving my thoughtful consideration to the matter, it may be noticed that Banto Devi (petitioner) is specifically named as the person Cr. Misc. No.M-8382 of 2011 [5] in the FIR who along with Pawan Kumar is said to have burnt Hem Lata by putting kerosene oil. The Additional Superintendent of Police, Panipat on 30.8.2010 recorded the statements of Chetan son of Ran Singh, Manga son of Dhani Ram, Devi Singh son of Krishan, Manglu Numberdar son of Budh Ram, Sanjay Ex-sarpanch son of Nakli Ram and Ashok Mittal son of Lala Ram residents of Kohand who in one voice stated that they knew Pawan Kumar son of Khilla Ram very well. Besides, Banto Devi wife of Ramesh Kumar was on visiting terms in the house of Pawan Kumar and she had good relations with him. It is also stated by them that there often used to be quarrel in the house of Pawan Kumar and that Hem Lata wife of Pawan Kumar was a very understanding lady. It is stated that Pawan Kumar was not agreeing and Hem Lata being fed-up with Pawan Kumar and Banto Devi had put kerosene oil on herself and had set herself on fire. However, it is stated by them that Chalti Devi wife of Khilla Ram was residing separate from Pawan Kumar in the house of Hari Singh brother of Pawan Kumar. She was unable to walk about; besides, she was an old lady aged about 80/85 years. It is also stated that Pawan Kumar and his neighbour Banto Devi were responsible for the death of Hem Lata and the mother of Pawan Kumar, namely, Chalti Devi was not responsible. The Additional Superintendent of Police during investigation at Village Kohand found that Pawan Kumar and Banto Devi responsible for the death of Hem Lata who committed suicide by putting herself on fire. It was observed that Chalti Devi wife of Khilla Ram was 80/85 years old and she was unable to move around. It may be noticed that there are allegations for demand for Cr. Misc. No.M-8382 of 2011 [6] dowry soon before the death of Hem Lata. Besides, efforts were made by the complainant to compromise the matter and on two occasions applications were moved before the Women Cell and a compromise was effected on both the occasions. The death of Hem Lata had occurred in her matrimonial house within seven years of her marriage, inasmuch as, the marriage between Hem Lata (deceased) and Pawan Kumar was solemnized on 5.4.2004 and the complainant received a message on 27.4.2010 that Hem Lata had received burn injuries. She was taken to a hospital in Panipat from where she was referred to Delhi and she was brought at Lok Naik Jai Parkash Hospital, Delhi on 28.4.2010 at 3.30 a.m. where she died after about 20 minutes. The FIR in the case has been registered on 30.4.2010. The prompt lodging of a FIR is not an unmistakable guarantee for its truthfulness version and neither is the delay always fatal. Therefore, in case there is some delay in the registration of FIR, the same is a circumstance to be considered by the investigating authorities or the Court as the case may be. For the purpose of grant of pre-arrest bail in a case where a married girl has died within seven years of the marriage due to burn injuries and there has been a demand for dowry soon before her death, it would be inexpedient to extend the concession of pre-arrest bail. In the facts and circumstances the petitioner is not entitled to the concession of pre-arrest bail. Therefore, there is no merit in the petition and the same is accordingly dismissed. March 28, 2011. (S.S. Saron) Judge *hsp*