KRIPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Hari Om Bhakuni, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

(2.) IN brief, the prosecution case is that Keshar Singh lodged an FIR on 23.7.2010 at 10.15 pm with the averments that three years ago the marriage of his sister Smt. Kastura Devi was solemnized with the accused applicant. Soon after the marriage, demand of dowry was being continuously made and on account of this, his sister was very worried and on telephone she used to narrate him the harassment being meted out to her by the accused applicant and her in -laws. At the time of incident, his sister was living with her husband (applicant) in a rented lodge in Haldwani. About 15 days ago, she telephonically informed the complainant that she was being asked to bring rupees fifty thousand and she is being threatened to be killed in case of failure to do so. She expressed her apprehension that she might be killed. On 23.7.2010 at 8 am, the complainant was telephonically informed by his relatives that his sister has died. When he came at Haldwani, he came to know that his sister died by hanging. It was further averred by the complainant that he is sure that his sister has been killed by the accused applicant, about which his sister had also earlier expressed her apprehension.

(3.) OPPOSING the bail application of the accused applicant, learned Addl. GA for the State argued that the deceased did not commit suicide, rather she was killed. He further argued that in the post mortem report, two ante mortem injuries have been found on the body of the deceased and cause of death attributed is asphyxia as a result of ante mortem strangulation. He further submitted that the marriage was solemnized only three years ago and there is allegation of dowry and further the deceased did not die in normal circumstances, rather she died on account of cruelty and harassment being meted out to her by the accused applicant and his family members for dowry and bodily injuries were also present on the body of the deceased.