MAYA DEVI Vs. STATE

JUDGEMENT

(1.) By this order I shall dispose of petitioner's application under section 438 of the Code of Criminal procedure for anticipatory bail.

(2.) Briefly the facts are that an information of quarrel taking place at House No.18, Joga Bai was received at Police Post Okhla Head through Wireless message at 10.50 A.M. and another similar information was received at 10.55 A.M. These informations were recorded as DD No.11 and DD No.12 on 20.11.1995. The injured, now deceased, Smt. Urmilla was removed from the place of occurrence by Head Constable Mohinder Singh on PCR and got her admitted in Safdarjang Hospital where MLC No.74086 was recorded at about 11.00 AM or 12.00 Noon and the injured gave the history of the injuries as under:

(3.) As per MLC she was having 60% deep burns and her general condition was critical. In the meantime, Head Constable Birla Singh from Police Post had also reached the Hospital and in the presence of the Doctor on duty he had recorded the statement of the injured Smt. Urmilla wherein she had stated that she was a resident of House No.18, Joga Bai; they owned another plot near her house on which dispute was going on; she was present at that plot at about 10.30 AM when Titu, Raju and Karan set her Chhappar there on fire; Sonu and his mother Mahindri pushed her into the fire; she got up but Shanti, mother of Meva Ram, and Maya again threw her in the fire and she got burnt. She also stated that these persons intended to kill her. In the meantime, SI Ram Lal of PP Okhla also reached the Hospital; he collected the MLC and the aforesaid statement recorded by HC and made his endorsement and got the FIR registered for offence under section 307 Indian Penal Code During investigation statement of some other persons were also recorded and involvement of Meva Ram, and Jugal Kishore besides the 7 persons named in the first information statement was also found. Titu, Raju, and Karan were arrested on the same day on 20.11.1995. They were granted bail by an Additional Sessions Judge on 12.12.1995. Meva Ram and Jugal Kishore were arrested on 4.12.1995 and they were granted bail by the Additional Sessions Judge on 13.12.1995. Shanti, Mahindri, Maya and Sonu had applied for anticipatory bail. An interim bail was granted by this Court on 29.12.1995 and this interim bail was confirmed in Crl. M.(M) No.3068/95 on 4.1.1996 with the following order: