SHASHI GUPTA Vs. DELHI STATE

JUDGEMENT

(1.) This is an application under section 498, Criminal Procedure Code, for the grant of bail. The petitioner is being proceeded against under sections 307/302/109, 1. P. C. in connection with the burning to death of three children of Tek Chand (Chanana) and causing injuries by burning to Tek Chand himself, by A. B. Gupta, the husband of the petitioner. The petitioner had also previously applied for the grant of bail. That application was rejected by me on the 13th August, 1968. After rejection of that application, the challan has been put up in the committing court against the petitioner and A. B. Gupta and evidence is being recorded.

(2.) The case for the prosecution, in brief, is that the petitioner was serving as a Nurse in the Dispensary, attached to the Government of India Press, New Delhi. Tek Chand was serving in the same Dispensary as a Dispenser. Both of them were working in the day-shift for more than two years. Tek Chand had developed illicit relations with the petitioner. In May, 1968, Tek Chand was transferred to the night-shift. Tek Chand represented to the authorities that he should be re-transferred to the day-shift in which the petitioner was working. In that representation, Tek Chand had made allegations that the Doctor incharge of the Dispensary and other clerical staff had evil intentions towards the petitioner. The petitioner had promised to support the allegations made by Tek Chand in case any enquiry was held in the matter. Later on, the petitioner had resiled from the promise on account of the fear of bad name which support to the allegations would have brought her. Tek Chand felt frustrated and angry. The petitioner and Tek Chand had querrelled on the 17th June, 1968, and Tek Chand had threatened that he would expose the petitioner's had character to the gaze of public. According to the prosecution, the petitioner and her husband, A. B. Gupta, had decided to take revenge for the threat held out by Tek Chand. It is alleged that on the 18th June, the petitioner had applied in her office for a loan of Rs. 800.00 and on 19th June, she had written a registered letter to M. L. Bedi, her relative at Ludhiana, requesting him to send a cheque of Rs- 2,000.00. It was stated in the letter that the petitioner was in distress. The further allegation of the prosecution is that A. B. Gupta had visited the house of Tek Chand on the morning of the 21st June and had also done so on an earlier occasion. On 21st June, there was some talk about some papers between A. B Gupta and Tek Chand. A. B. Gupta had asked Tek Chand to come to his office in Connaught Place for the papers. Tek Chand had gone there at about 2 P. M . but the papers were not shown to him. A. B. Gupta had informed him that the key of the drawer in which the papers were lying had been misplaced. The prosecution alleges that on the night of the 21st June at about 11-30 P. M., A. B. Gupta had gone to the house of Tek Chand, who along with his children was lying outside the house, and that A. B. Gupta had thrown kerosene oil on the sleeping children and Tek Chand and had set fire and had then run away. A. B. Gupta was seen running away by Tek Chand, his wife and Kanwar Pal and Pancham Singh. Tek Chand had also pursued A. B. Gupta for some paces, but had to come back on account of the pethetic cries of his children for help.

(3.) The neighbours had removed the three children and Tek Chand to Safdarjang Hospital. The three children died there on account of the burn injuries. Tek Chand was saved.