Himachal Pradesh High Court
Dharam Chand vs State Of H.P on 27 January, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.M.P.(M) No.2687 of 2022 .
Reserved on: 20.01.2023
Decided on: 27th January, 2023
Dharam Chand ...Applicant
Versus
State of H.P. ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Vacation Judge.
Whether approved for reporting?1 For the applicant: Mr. V.S. Chauhan, Senior Advocate, with Mr. Rajul Chauhan, Advocate.
For the respondent: M/s Y.P.S. Dhaulta, Mr. H.S. Rawat, Additional Advocates General with Mr. Rajat Chauhan, Law Officer.
HC Surinder Kumar, No.23, P.S. Kangra, H.P., with Police record.
Virender Singh, Vacation Judge Applicant-Dharam Chand, has filed the present bail application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), for releasing him, on bail, in case F.I.R. No. 30/2020, dated 03.02.2020, 1 Whether the reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 28/01/2023 20:30:55 :::CIS 2registered under Sections 498-A, 302, 304-B, 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as .
the 'IPC'), with Police Station Kangra, District Kangra, H.P.
2. According to the applicant, he is an innocent person and has falsely been implicated, in this case. He has termed the case of the prosecution as false, on the ground that he is having no criminal antecedents and having deep roots in the society. No cogent evidence has been collected by the prosecution against the accused, which even could make out a prima-facie case against him.
3. Apart from this, the applicant has also given the actual position with regard to filing of Cr.MPs(M) No.1352 of 2020, 2035 of 2020 and 1714 of 2021, which are stated to be dismissed as withdrawn.
4. On the basis of the above facts, applicant has given certain undertakings, for which he is ready to abide by in case, he is ordered to be released on bail.
5. This application was previously filed before Hon'ble SB-IV and Hon'ble SB-IV on 12.01.2023 has passed the following orders:-
::: Downloaded on - 28/01/2023 20:30:55 :::CIS 3"Status report already stands filed. On the request of learned Senior Counsel appearing for the petitioner, list on .
20.01.2023, before the Hon'ble Vacation Judge."
As such, the present application is taken up for consideration and decision.
6. When put on notice, the police filed the status report, disclosing therein, that on 02.02.2020, telephonic information was received in Police Post, Tanda from Dr. Rajendra Prasad Government Medical College and Hospital, Tanda, disclosing therein that a lady, with the history of fall has been brought to the hospital for treatment. Upon which, Incharge, Police Post, Tanda, ASI Sunil Kumar along with HHC Madan Lal, No.618 reached at the spot. When, he reached there to verify the facts, then Medical Officer concerned had disclosed that Meena Kumari, wife of Aman Dogra, resident of Sadarpur, has been declared dead at about 6:45 PM and her relatives were creating hue and cry there. Thereafter, efforts to make them understand were made. Subsequently, complainant Sonu Kumar, son of Darshan Kumar, resident of Ward No.08, College Road, Kangra, District Kangra, H.P., (brother of the deceased), had got recorded his statement ::: Downloaded on - 28/01/2023 20:30:55 :::CIS 4 under Section 154 Cr.P.C., in which, he has disclosed that he was having two sisters. His younger sister Meena Kumari was .
married with Aman Dogra, son of Dharam Chand, on 19.04.2019. His brother-in-law Aman Dogra is working in MAX Hospital. After the marriage, his brother-in-law Aman Dogra had taken his sister to Chandigarh after one week of the marriage and there, they had started residing in residential accommodation at Sector-41. One month after the marriage, the husband, mother-in-law Raksha Devi and father-in-law Dharam Chand had started harassing the deceased, as, they used to taunt her on every occasion. They also used to abuse her.
6.1 About this fact, sister of the complainant had informed him, as well as, her parents, whereafter, his sister used to come to their house, then she has disclosed that she has now been fed up from her life, as, her in-laws were demanding a car. Thereafter, the matter was also apprised to the relatives of the brother-in-law of the complainant. Thereafter, a Panchayat was also convened, where, both the parties had discussed the matter with each other, which had resulted into ::: Downloaded on - 28/01/2023 20:30:55 :::CIS 5 the fact that the in-laws of the sister of the complainant assured not to harass her and they will treat her nicely.
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6.2 From the month of December, sister of the complainant had started residing with her in-laws at Sadarpur, District Kangra, H.P. and his brother-in-law was residing at Chandigarh. The brother-in-law of the complainant even not contacted his wife at phone. The sister of the complainant was carrying fetus of about 8 months in her womb.
6.3 On 02.02.2020, at about 6.28 PM, father-in-law of the sister of the complainant telephonically informed that his sister had fallen and as such, she has been admitted in Emergency Ward at Tanda hospital, upon which, complainant along with family members reached there, where, he noticed his sister lying unconscious on a stretcher in the Emergency Ward. Her father-in-law and his brother were present there.
Brother of the father-in-law of Meena Kumari disclosed that she had a fall from the floor. After getting the information of incident, all other relatives of the complainant also reached there and thereafter father-in-law of his sister had left the spot.
::: Downloaded on - 28/01/2023 20:30:55 :::CIS 67. Lastly, he has expressed his suspicion that his sister has been killed by her mother-in-law and father-in-law and .
requested to take action against them.
8. Upon this, FIR in question was registered and applicant/accused was arrested along with his wife on 03.02.2020, at 4:00 A.M. Thereafter, the police along with the team of RFSL visited the spot and collected the physical evidence such as blood stains etc. The post-mortem examination of the dead-body of deceased Meena was conducted and after the post-mortem, the dead-body along with fetus was handed over to the complainant for performing the last rites.
9. During the spot inspection, it was found that on the courtyard of the ground-floor, in the verandha, on the floor of first-floor and on the walls and as well as on the floor of the top-floor police found the blood-stains and also noticed the drag marks. The spot was videographed and photographed.
The husband of the deceased was also arrested on 03.02.2020 at 7:45 p.m. During the investigation, applicant-accused-
Dharam Chand had got recorded the statement under Section 27 of the Indian evidence Act, disclosing therein that ::: Downloaded on - 28/01/2023 20:30:55 :::CIS 7 on 02.02.2020 during evening, he had given 2-3 bat blows on the head and on the person of Meena Kumari and thereafter .
she had became unconscious, she was dragged and thrown from the lintel and he can identify the said place. The bat, which was used, for giving the blows, had broken into pieces, the same was thrown in the bushes in the fields and mobile phone of Meena Kumari, which had fallen, in the courtyard when she had fallen from the lintel, the said mobile phone has been kept underneath the pillow in the bed-room of accused/applicant and he can get the same recovered. The statement was video-graphed. In pursuance to his disclosure statement, on 04.02.2020 the applicant-Dharam Chand had got recovered the bat from the bushes near his house and the handle of the bat was also got recovered from the fields.
Above two things were taken into possession. Thereafter, the accused had also got recovered mobile phone make Vivo, which was concealed underneath the pillow, which was also taken into possession. On the basis of the above facts, the police had added the provisions of Section 302 IPC in the list of offences. In the post-mortem report, eight injuries were found to be on the person of the deceased and she was found ::: Downloaded on - 28/01/2023 20:30:55 :::CIS 8 carrying a fetus of 8-9 months. Cause of death has been stated to be as under:
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"Cause of death in this case in our provisional opinion is head injury caused by blunt force impact. Final Opinion will be given after receipt of RFSL report."
10. On 18.03.2020, following final report was given:
"Subsequent opinion No. DRPGMC/FM/SO/2020/04 dated 18.03.2020 an application was submitted by SHO P.S. Kangra on 17.03.2020 for subsequent opinion in case FIR No.30/2020. Along with the application following items were submitted. 1. One sealed Pulinda contains alleged weapon of offence. 2. RFSL report No.315A RFSL CHEM (262) 20.
3. RFSL report no. 315(B) RFSL Bio (32) 2020, 4. Histopathological report. 5 Post Mortem report No.32/2020. On examination pulinda has intact 2 seals of AN. On opening 2 pieces of wooden bat, exactly fitted each other are present. Intact wooden bat is a moderate heavy weapon weight 617 gms., 60 cm in length and 7.5 cm width. Opinion after examination submitted items we are of the considered opinion that cause of death in this case is head injury caused by blunt force impact as already mentioned in injury no.1 in said post mortem report which could be caused by examined wooden bat. Deceased was not intoxicated at the time of incident".::: Downloaded on - 28/01/2023 20:30:55 :::CIS 9
11. It is further case of the police that during .
investigation, it was found that the bail applicant had directed his daughter-in-law deceased Meena Kumari to check the water level of the tank, on the roof top of the house. At that time, Meena was taking on the phone and thereafter, some altercation took place between them, upon which, applicant came down and again gone to see the water level, then again verbal altercation took place between the applicant and Meena Kumari. He came down from the roof and took a small bat lying in the courtyard and again gone on the roof when altercation took place where he had given blow of the bat on the head of the deceased, upon which, Meena become unconscious. Accused Dharam Chand had again given a bat blow but, the same had landed on the floor, upon which, the handle had broken, upon this, applicant/accused had thrown the bat and handle in the bushes of the fields adjoining to their house. Thereafter, he had dragged Meena Kumari, who was unconscious and thrown her down and thereafter raised noise. On hearing the noise, co-accused Raksha Devi also reached there along with her Jethani Nirmla.
::: Downloaded on - 28/01/2023 20:30:55 :::CIS 10Thereafter, they took the deceased to Rajendra Prasad Government Medical College and Hospital, Tanda, where she .
had declared brought dead. Lastly, the Police had expressed following apprehension, in case the applicant is released on bail:-
(i) Only one witness has yet been examined and in case, the applicant is released on bail, he may coerce the witnesses and may also not be available for the trial.
(ii) Apart from this, it has been apprehended that due to the crime committed by the accused, a lot of resentment is there, in the general public and in case, the applicant is released on bail, it may cause threat to his life.
12. On all these submissions, a prayer has been made to release him on bail.
13. No doubt, the bail applicant is a senior citizen but on this sole ground, he cannot be ordered to be released on bail. Keeping in view the allegations, which have been leveled against him, the release of the applicant on bail will also give a wrong signal to the society that after committing such a ::: Downloaded on - 28/01/2023 20:30:55 :::CIS 11 heinous crime, the bail applicant is moving freely in the society.
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14. Perusal of the status report also shows that the applicant has been named as main accused in this case. The seriousness of the offence is also one of the consideration while deciding the bail application.
15. At the time of deciding the question of bail, detailed discussion about the evidence, collected by the prosecution, should be avoided as the same may cause prejudice, to the case of the prosecution or the case of accused.
16. The apprehensions, which have been expressed by the Police, in the status report, especially the apprehension regarding threat to the life of the applicant, by the people of the locality, cannot be said to be unfounded, at this stage.
17. While deciding the question of bail, delicate balance between the individual liberty and the larger interest of the society has to be maintained by the Court.
18. Considering all these facts, there is no ground to pass any order in favour of the applicant under Section 439 ::: Downloaded on - 28/01/2023 20:30:55 :::CIS 12 Cr.PC. Consequently, the bail application of the applicant is dismissed.
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19. Any observations, made herein above, shall not be taken as an expression of opinion on merits of the case, as, these observations are confirmed only to the disposal of the present bail application.
January 27th, 2023
(Chander)
r to ( Virender Singh )
Vacation Judge
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