In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-1311 of 2009
Date of decision: 25.2.2009
Reshma ......Petitioner
Versus
State of Haryana .......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Vivek Khatri, Advocate,
for the petitioner.
Mr.Sidharth Sarup, AAG, Haryana.
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SABINA, J.
This petition has been filed by Reshma under Section 439
of the Code of Criminal Procedure for grant of regular bail in case
FIR No. 241 dated 23.7.2007, under Sections 302/120-B/34 of the
Indian Penal Code, registered at Police Station Tohana, District
Fatehabad.
As per the prosecution case, Geeta (deceased), daughter
of the complainant, wanted to reside separately from her in-laws but
her father-in-law Hazoor Singh, mother-in-law Reshma, husband Hari
Chand and brother-in-law Vinod did not want Geeta and Hari Chand
to reside separately. Due to this reason a dispute arose between
them. On 22.7.2007 complainant received a phone call from Vinod
and Hazoor Singh at about 10.30 p.m. that the complainant should
advice his daughter otherwise they would do whatever they could.
Complainant went to the house of his daughter on 23.7.2007 at 1.00
a.m. and saw that petitioner-Reshma was sitting on the stairs.
Complainant, after inquiring from her, went inside the room and saw
that his daughter was lying dead on the bed. When the complainant
Criminal Misc. No.M-1311 of 2009 -2-
came outside he found that petitioner-Reshma had left the spot.
Learned counsel for the petitioner has submitted that the
petitioner is an old lady aged about 65 years. Marriage between
Geeta and Hari Chand was solemnized about 7 ½ years prior to the
occurrence. Geeta was residing separately with her husband since
the year 2005. The death of Geeta had not occurred due to
strangulation.
Learned State counsel, on the other hand, has submitted
that as per the postmortem report, the death of Geeta had occurred
due to strangulation. Ten witnesses had already been examined
during trial and now only 2-3 witnesses remained to be examined as
5-6 witnesses had been given up during trial. Now the next date
fixed before the trial Court is 3.3.2009.
The allegations levelled against the petitioner in the
present case are serious in nature. The petitioner was sitting on the
stairs when the complainant reached the spot. The complainant
went inside the room and saw that his daughter was lying dead on
the bed and when he came out of the room, he found that the
petitioner had left the spot. As per the postmortem report probable
cause of death in this case was due to strangulation, which was
sufficient to cause death in the normal course of life.
Keeping in view the seriousness of offence alleged to
have been committed by the petitioner and the fact that the trial is
almost near completion, this petition is dismissed.
(SABINA)
February 25, 2009 JUDGE
anita