IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Naresh Kumar Sanghi
CRM-M-12594 of 2013 (O&M)
Jagdeep Kaur
v.
State of Punjab
{Decided on 02/08/2013}
(A) Criminal Procedure Code, 1973, S.438--Bail--Abetment to Suicide--Mentioning in the suicide note that such and such persons were responsible for his death would not be sufficient to hold a person guilty for the offence punishable under Section 306, IPC--Bail granted--Indian Penal Code, 1860, S.306. (Para 7)
(B) Criminal Procedure Code, 1973, S.438--Bail--Abetment to Suicide--Statement of deceased reveals that bickering was going between deceased and accused--Such quarrels between the husband and the wife in any family are usual--It cannot be a reason for committing suicide in normal circumstances--Except the suicide note, there is no other incriminating evidence connecting the petitioner with the alleged offence--Bail granted--Indian Penal Code, 1860, S.306. (Para 7)
Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of anticipatory bail to the petitioner, Jagdeep Kaur, wife of Pritpal Singh, resident of Village Sarhala, District Hoshiarpur, who has been booked for having committed the offence punishable under Section 306, IPC, in a case arising out of FIR No. 20, dated 21.2.2013, registered at Police Station, Amloh, District Fatehgarh Sahib.
2. Learned counsel contends that the petitioner, Jagdeep Kaur, is the married sister-in-law (Sali) of Jagroop Singh (since deceased); the marriage of the sister of the petitioner, namely, Kamalpreet Kaur, was solemnized with Jagroop Singh in the year 2001 and thereafter two children were born out of the said wedlock; Jagroop Singh started consuming liquor, therefore, he was frustrated from his life; the wife and other members of the family were asking Jagroop Singh not to consume liquor; at the time of death, Jagroop Singh had allegedly left behind a suicide note holding the petitioner and her co-accused, namely, Ujjagar Singh, Gurmeet Kaur and Kamalpreet Kaur, responsible for his death; and that except the dying declaration, there is no other evidence connecting the petitioner with the offence of abetment to commit suicide. To elaborate his submissions, learned counsel has referred to the dying declaration wherein it has been mentioned that the petitioner along with her co-accused, namely, Ujjagar Singh, Gurmeet Kaur and Kamalpreet Kaur, were responsible for his death. He submits that from the material available on record, the ingredients of Section 306, IPC, are not attracted qua the petitioner. He also submits that after investigation the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted against Ujjagar Singh, father of the petitioner, and perusal of the same reveals that one supplementary statement of the complainant, Harjinder Singh, was recorded on 28.4.2013 and the veracity of the same has to be tested during the course of trial. He further submits that the matrimonial house of the petitioner is in village Sarhala, District Hoshiarpur, which is at a far off place. Therefore, there was no interference by the petitioner in the day-to-day family affairs of Jagroop Singh and his wife, Kamalpreet Kaur. Lastly, learned counsel submits that in compliance of the order dated 22.5.2013, passed by this Court, the petitioner did join the investigation and fully cooperated with the investigating agency, therefore, she is no more required by the investigating agency.
3. Learned counsel for the State on instructions from ASI Ved Parkash, submits that Jagroop Singh (since deceased) had left behind a suicide note holding the petitioner and her coaccused responsible for his death. Therefore, the petitioner is not entitled to anticipatory bail. He fairly concedes that except for the suicide note, there is no other incriminating evidence available on record connecting the petitioner with the alleged offence, though there is a statement of the daughter of the deceased, namely, Vishaldeep Kaur, which discloses that there were strained relations between Jagroop Singh (deceased) and Kamalpreet Kaur (wife). He has also read out the supplementary statement of the complainant, Harjinder Singh, which was recorded on 28.4.2013, wherein it was stated that the petitioner and her co-accused were responsible for the death of his (complainant) brother Jagroop Singh. However, he very fairly concedes that in compliance of the order dated 22.5.2013 passed by this Court, the petitioner has joined the investigation and no more required by the investigating agency for any other purpose.
4. Mr. Joginder Singh Toor and Mr. S.C. Sharma, learned counsel for the complainant, have also opposed the prayer for grant of anticipatory bail to the petitioner.
5. Heard.
6. The petitioner is the married sister-in-law (Sali) of Jagroop Singh (since deceased). Her matrimonial house is situate in Village Sarhala, District Hoshiarpur, which is at a fa
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