IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA TH ON THE 18 DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) No. 1928 OF 2021 BETWEEN:-

ASHWANI KUMAR S/O LATE SH. HARI RAM, R/O VILLAGE JADWANA POST OFFICE MARHOON TEHSIL DHEERA DISTRICT KANGRA H.P. …PETITIONER (BY SH. TANUJ THAKUR, ADVOCATE.)

AND STATE OF HIMACHAL PRADESH …RESPONDENT (BY SH. HEMANT VAID, ADDITIONAL ADVOCA TE GENERAL.)

Whether approved for reporting?

This petition coming on for orders this day, the Court idelivered the following:

J U D G M E N T

Petitioner is accused in case FIR No. 97 of 2020, dated

24.6.2020, registered under Sections 302, 328, 498A, 201 and 34 of Indian Penal Code (IPC) in Police Station Bhawarna, District Kangra, H.P.

2. Petitioner has been arrested in this case on 5.7.2020 and since then he is in custody and thus he has approached this Court seeking regular bail.

3. Petitioner is brother-in-law (husband of Nanad) of deceased Shalu Devi. Besides petitioner, his wife Vandana, mother- in-law Rashma Devi and brother-in-law Vipan Kumar @ Vikku (husband of deceased) have also been arrested for murdering Smt.Shalu Devi wife of Vipan Kumar (co-accused).

4. As per status report filed on behalf of respondent-State, Shalu Devi (now deceased) had approached Police Chowki, Dheera, Police Station Bhawarna, with a written complaint, stating therein that she was wife of Vipin Kumar (accused), R/o Village Sanwar, Gram Pranchayat Pudwa and that during night of 21. 6.2020, her brother-in- law (petitioner), sister-in-law (wife of petitiooner) and mother-in-law had overpowered her and her husband h ad poured a herbicide, (used for spraying on grass) in her moutrh, with intention to kill her. However, when her daughter started shouting, her sister-in-law (Nanad) and brother-in-law (Nandoi) had fled from the scene on scooter, to their house at Maruh (Suri). Further that her mother-in-law used to harass her for bringing inadequate dowry and her husband used to demand a vehicle from her mother and for birth of two daughters, her husband and mother-in-law used to taunt her and her husband also developed illicit relations with other ladies and she was having call recording of talks of her husband with those ladies, but when she disclosed the said recordings and played it before her Nanad and Nandoi, then petitioner (Jija), in order to save her brother, tried to kill her and also took away the memory card along with them.

5. In the complaint, it was also stated that earlier also husband of complainant had gifted payal to a lady of Gharana Panchayat which came to knowledge when goldsmith had asked for payment thereof and payment thereof was made by her mother-in-law to conceal the incident.

6. As per complaint, husband of complainant had also taken huge loan from PNB Thural without any information to the family and this fact was revealed to the family on receipt of a notice from the bank and at that time also whole amount was repaid by her mother-in-law, sister-in-law, brother-in-law and other relatives. According to complaint, when, on 22.6.2020 at noon, mother of complainant had visited her in-laws, then her mother-in-law had abused her mother and asked to take the complainant to her parental home, whereupon her mother had taken her in an unconscious sotate to her home and today i.e. 24.6.2020 at 4:00 A.M. she regain ed consciousness and thereupon she approached the police with cromplaint.

7. On receiving the aforesaid complaint, case under Sections 328, 323 and 34 IPC was registered in Police Station. Shalu Devi was taken to CHC Dheera and was medically examined at 12:00 noon, where it was observed that there was abrasion of 2X3 CM over right side of chin, swelling and pain in lower lip, ulcer on tongue and lower lip and abrasion of 1X1 CM over right side of neck of the complainant. It was also observed by the doctor that there was pain in mouth and complainant was facing difficulty in speaking since last three days. As per MLC