COLLECTOR H C GAUR Vs. RAKESH VIJ

JUDGEMENT

(1.) In this petition moved under Section 439(2) of the Code of Criminal Procedure by S.C. Gaur, complainant in the case, I deem it necessary to set out a narrative of the facts so as to put them in a proper perspective for the order, I propose to pass in this matter.

(2.) The wife of the respondent Rakesh Vij, named Vinita married to him on 12th December, 1984, was burnt while at his house, on 10th January, 1987. She had 90 per cent of bum injuries as per medical and postmortum report, and she died as a result thereof on 13th January, 1987, According to the medical report her body smelt of kerosene oil. The report from the Central Forensic Science Laboratory in respect to the examination of the burnt piece of her clothes also records that the said clothes smelt of kerosene oil. In between she had made four statements as to the cause of the burns. including one before the doctor and two before the Sub Divisional Magistrate; one made in the hospital shortly after her admission, and the second on 11th January, 1987, after her parents had also been able to talk to her. A case under Section 302 of the Indian Penal Code was registered, and subsequently after charge sheet was sent into Court under Section 173 of the Code of Criminal Procedure, a charge was framed against the husband, Rakesh Vij, for offences under Sections 302 and 498A of the Indian Penal Code.

(3.) The bail petitions moved on behalf of this accused from time to time were rejected, the last order which the learned trial Judge, Shri P. R. Thakur, Additional Sessions Judge, New Delhi rejecting the third petition for bail passed was on 3rd May, 1988 whereby, he thought it not to be a fit case, considering the circumstances on record, that the accused be released on bail.