Excelsior Correspondent
JAMMU, Nov 28: Principal Sessions Judge Jammu Sanjeev Gupta has set aside the order passed by Judicial Magistrate First Class Bishnah whereby bail was granted to the accused involved in the alleged dowry death case and directed the Investigating Officer to proceed under law.
As per the petitioner Sat Paul, a resident of Vikas Nagar Patoli, marriage of his daughter was solemnized with Kuldeep Raj, son of Hans Raj of Bishnah in the month of October 2018 and soon after the marriage Kuldeep Raj, his mother Raj Kumari and sister Anu Kumari started harassing deceased for bringing more dowry.
On August 9, 2020, they brutally beaten the deceased on account of non-fulfilment of demand of dowry resulting into injury around her neck. Moreover, they administered poison to her thereby causing her death.
After her death, FIR was registered against the respondents under Section 306 and 498-A read with 109 IPC instead of Section 302 IPC. Accordingly, the accused were arrested but JMIC Bishnah admitted the accused on bail within one week.
Challenging the order of JMIC Bishnah, the father of the deceased submitted before the Principal Sessions Judge Jammu that the impugned order was passed without taking into consideration the heinousness of the offence and is an arbitrary exercise of discretion vested in the trial court.
After hearing Advocate G S Thakur for the petitioner, the Principal Sessions Judge observed, “the order passed by the trial court was the result of arbitrary exercise of discretion vested in it”, adding “any order devoid of reasons would suffer from non-application of mind, though detail examination of evidence at the time of granting bail, is not required”.
On the facts and circumstances of the case, the Principal Sessions Judge allowed the appeal and impugned order of trial court was set-aside and the Investigating Officer was directed to proceed under law.
“The death in this case took place within two years of marriage. There is apparently evidence of harassment of the deceased by the respondents. However, for reasons best known to the Investigating Officer oblivious to the legal position registered FIR under 306 IPC instead of 304B IPC”, the court said and directed that the copy of the order be forwarded to Senior Superintendent of Police for information and necessary action.
“Copy of the order be also send to SHO Police Station Bishnah for information and compliance and the record of trial court be send back forthwith and file be consigned to records”, the court further said.
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