INDER GUPTA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This is a petition under section 439 of the Criminal Procudure Code (for short called 'the Code') for grant of bail.

(2.) Briefly stated, a case was registered against the petitioner under section 302/307/ 498-A IPC, on the allegations that deceased Smt. Chandra was set ablaze after pouring kerosene oil by her husband, the brother-in-law (Devar), (the petitioner in this case) and her father-in-law.

(3.) Mr. Ahluwalia, learned counsel appearing on behalf of the petitioner, submitted that in the present case the deceased is alleged to have been burnt on 7th March, 1993 and in her first statement recorded by the Investigating Officer, she stated that she was burnt due to accidental fire. In her first statement recorded by the Sub Divisional Magistrate on 7th March, 1993 she repeated the same thing. However, in her second statement recorded by the Sub Divisional Magistrate on 8th March, 1993, she stated that her husband, brother-in-law and father-in-law have set her ablaze after pouring kerosene oil on her person. Learned counsel, therefore, contended that the second dying declaration before the Sub Divisional Magistrate was anafterthought and has been given by the deceased at the instance of her parents. ' He, therefore, contended that in view of the contradictory statement of the deceased in her various statements, the petitioner should be released on bail. In support of his contention he has placed reliance on the three judgments of this Court Bhanwar Pal Singh vs State(Delhi Administration), 1992 JCC 146, Bhoorey vs State -Cr.M(M)932/92 decided on 19th January, 1993 and Smt. Kailash Rani and another vs State (Delhi Administration) - Cr.M(M) 2631/91,decided on 13thJanuary, 1993.