Delhi High Court
Harinder Singh @ Tinu vs The State (Govt. Of Nct Of Delhi) on 11 February, 2011
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: 31st January, 2011
Date of Order: 11th February, 2011
+ Bail Application No. 1646/2010
% 11.02.2011
Harinder Singh @ Tinu ... Petitioner
Through: Ms. Sunita Kapil, Advocate with
Mr. Ankur Sharma, Advocate
Versus
The State (Govt. of NCT of Delhi) ... Respondent
Through: Mr. Sunil Sharma, APP for the State with
Mr. G.S.Sharma, SI PS Rajinder Singh
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
This application for bail has been made on behalf of Harinder @
Tinu who is brother of husband of deceased and has been booked under
Section 302 IPC read with Section 34 and Section 498A IPC on the basis of
statement made by the injured, who died later on, to SDM. Relevant portion
of statement of injured/deceased is reproduced hereunder:
"I was married to Navinder Singh in 1999. I have a son 08 years old, whose
name is Harshman Singh. On ground floor my father-in-law, mother-in-law
and devar (brother-in-law) lived while we lived on first floor, second floor was
lying vacant and on third floor my jeth (brother-in-law) and jethani (sister-in-
law) were living. My father-in-law and mother-in-law used to tell me that I
should go away from home. My husband used to beat me. My husband was
not harassing me for dowry. Sometimes he used to talk to parents for share
in the property. At 11-11.30 pm. my father-in-law Iqbal put me on fire and my
devar Harender Singh poured kerosene oil on me. My husband tried to save
me by putting a bed-sheet on me. My son Harshman Singh and my husband
Navinder Singh brought me to Ganga Ram Hospital."
2. It is submitted by Counsel for the petitioner that Investigating
Agency deliberately did not produce certain vital documents before the trial
Court at the time of submitting charge-sheet. These vital documents include
the treatment record of injured/deceased at Ganga Ram Hospital and the
history given by her to the doctor at Safdarjung Hospital when she was shifted
from Ganga Ram Hospital to Safdarjung Hospital. The applicant procured
these documents under "Right to Information Act" and produced before the
trial Court for Investigating Agency to admit the documents. These
documents were not denied by the Investigating Agency. It is submitted by
Counsel for the applicant that the real dispute was over division of proceeds
of a shop sold by the father and deceased was angry as to why share out of
proceeds was not given to her husband also and in fit of anger she burnt
herself at first floor of her house where she was living separately with her
husband and son. There was no issue of dowry at all. The parties were
having separate business. There is no allegation of any quarrel which would
have resulted into a kind of act as alleged against the father-in-law and
brother-in-law. He submitted that father-in-law and brother-in-law were
deliberately involved by the deceased by making the statement as father-in-
law had not given share in the proceeds of shop sold by him, to the husband
of the deceased and the share was given to brother-in-law and that is the
reason she exonerated her husband.
3. The statement given by the deceased to SDM looks a little
strange. She stated that she was put on fire by her father-in-law and brother-
in-law and her husband put bed-sheet to extinguish the fire. Her son was also
living in the same house that shows that the fire was put in presence of son
and her husband and none of them made an attempt to prevent father-in-law
or brother-in-law of the deceased from committing the act. If she was true
and fire was put in presence of her son and her husband an attempt would
have been made by husband to prevent the incident and some kerosene oil
would have fallen on him. Her statement shows dowry was not an issue. The
deceased was taken to Ganga Ram Hospital immediately by her husband and
son. It is specifically recorded by doctors at Ganga Ram Hospital that she
was conscious, oriented, pulse rate was 102/minute. She gave history to
doctor at Safdarjung Hospital. The history of the patient recorded on 24th
August, 2008 at Safdarjung Hospital shows that she had put herself on fire. In
Safdarjung Hospital also it is recorded that patient was conscious and
oriented.
4. PW-1 is the son of the deceased and his testimony has already
been recorded. He has testified before the trial Court that on the night
intervening 23rd/24th August, 2008, he along with his father had gone to the
shop of his father's friend in Metro, at District Center, Janakpuri, where he had
a burger from McDonald and other eatables. They came back to their house
at 11/11.30 p.m. and the door of the house was opened by his mother. His
mother had dinner with dal brought by them. He went to bed at about 12 night
with his father and were watching TV in the bed room. His mother was
consuming some liquid while sitting on the bed side. She then went out of the
room. After a short while they felt burning smell and they both went out of the
room. His mother went inside kitchen and when she came out her shirt was
on fire. His father took a bed sheet to put out the fire and asked her to lie
down on the floor. Thereafter his mother did lie down and his father put a
mattress on her and thereafter the fire was put off. His mother then
complained of irritation by burning and she put water on her by a pipe. His
father went out immediately to take out car. In the meantime, his mother was
taking rounds in the drawing room and was also saying "God save me I have
committed a mistake".
5. The mother of the deceased had also deposed in the Court and
her examination and cross examination would show that the temperament of
the deceased was quite volatile. There was a dispute going on in the family
about distribution of money received from sale of shop.
6. Considering these facts, I consider that it is a fit case for grant of
bail. The application is allowed. It is directed that the applicant be released
on bail on his executing personal bond to the tune of ` 50,000/- with one
surety of the like amount to the satisfaction of the trial Court concerned.
Dasti.
February 11, 2011 SHIV NARAYAN DHINGRA, J.
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