(1.) HEARD Sri A.K. Sah, Learned Counsel for the applicant as well as Sri Amit Bhatt, learned Additional Government Advocate for the State and also perused the record.
(2.) IN brief, the prosecution story is that complainant Vijay Singh lodged a report before Tehsildar Tehsil Koshiya Katoli, District Nainital on 18.8.2009 stating that his daughter Prabha Devi was married with the applicant/ accused Rajendra Singh four years before. Soon after the marriage, mother -in -law of his daughter Smt. Radhuli Devi and the present applicant Rajendra Singh started committing mental and physical harassment of his daughter for dowry thereby demanding Rs. 50,000/ - in dowry from her. Due to non -fulfillment of demand of dowry, she was sent to her parental house at a number of times. On 11.8.2009 at 7 PM the applicant/accused and the co -accused poured kerosene oil on his daughter and set her at fire. His daughter was got admitted at Sushila Tewari Hospital, Haldwani. On receiving the information, he went to hospital and found his daughter lying in burnt condition.
(3.) THE State has filed its counter affidavit along with which the statement of Vijay Singh, complainant and father of the deceased, Smt. Bhagwati Devi, aunt of the deceased and Smt. Ambuli Devi, mother of the deceased, have been annexed, who have fully corroborated the version as stated in the FIR. The postmortem report of the deceased is also annexed with the counter affidavit in which it is mentioned that the deceased has died due to extensive ante -mortem thermal burns leading to cardio respiratory failure.